THE HON'BLE SRI JUSTICE N.V.RAMANA AND THE HON'BLE SRI JUSTICE P.DURGA PRASAD W.P.NO.22336 of 2011 ORDER: (Per. Hon’ble Sri Justice N.V.RAMANA) This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the 1st respondent in issuing re-tender-cum-sale notification under SARFAESI Act 2002 dated 11.07.2011, in pursuance of Rules 8 (6) and 9 of the Enforcement Rules 2002, by bringing the properties bearing D.Nos.16-2-238 and 19-2-30, situated at Bhimavaram of West Godavari District, as being illegal and arbitrary and contrary to the provisions of SARFAESI Act 2002 and also Security Enforcement Rules, 2002 and consequently sought for a direction to respondents 1 and 2 not to conduct the auction of the said properties pending disposal of the suit being O.S.No.163 of 2010 filed by the 1st petitioner on the file of the Senior Civil Judge’s Court, Bhimavaram and also the Maintenance Suit being O.S.No.116 of 2009 filed by the petitioners on the file of the Senior Civil Judge’s Court, Amalapuram. Brief facts of the case are that petitioners 1 and 2 are daughter and wife of respondent No.7 and also grand- daughter and daughter-in-law of respondents 5 and 6 and the properties held by them are joint family properties. It is stated that the father of the 2nd petitioner filed a suit being O.S.No.1 of 2009 against respondents 3 to 5 for recovery of an amount of Rs.22 lakhs, before the II-Additional District Court, Amalapuram, and obtained attachment of immovable properties of respondents 5 to 7. It is further stated that the 7th respondent in collusion with the 2nd respondent-bank obtained the signature of the 2nd petitioner towards a fake loan said to have been given in the name of the 4th respondent and therefore, the 2nd petitioner filed a suit being O.S.No.465 of 2009 before the Senior Civil Judge’s Court, Bhimavaram against respondents 1, 2 and 7 herein, for declaration and permanent injunction, which is pending trial. It is stated that the petitioners filed a suit being O.S.No.116 of 2009 against the 7th respondent before the Senior Civil Judge’s Court, Amalapuram, seeking maintenance of Rs.20,000/- per month, which is pending. Subsequently, the petitioners filed a suit being O.S.No.163 of 2010 on the file of the Senior Civil Judge Court, Bhimavaram against respondents 5 to 7, for partition and separate possession of the joint family properties. While the matter stood thus, the 1st respondent issued the Re-Tender-cum-Sale Notification dated 11.07.2011 for auctioning the house properties bearing D.Nos.16-2-238 and 19-2-30, situated at Bhimavaram of West Godavari District, on 18.08.2011, which are the subject matter of aforesaid two suits filed by the petitioners against respondents 5 to 7. Learned Counsel for the petitioners submits that the property in question is the joint family property and also the subject matter of the suits filed by the petitioners and that the 1st petitioner being the daughter and the 2nd petitioner being the wife of the 7th respondent are having right in the said property and, therefore, the 1st respondent has no right to issue the impugned auction notification. The main grievance of the petitioners is that they have a share in the property, which is the subject matter of the impugned notification, and therefore it cannot be auctioned. There are several litigations pending among the parties in respect of the properties that are subject mater of auction notification. There is also denial of loan having been taken from the respondents-bank. These are the matters, which cannot be gone into in this writ petition, and the petitioners may take appropriate remedies available to them in law. In this view of the matter, the writ petition deserves to be dismissed. We do not find any merit in this writ petition and the Writ Petition is accordingly dismissed. No order as to costs. ________________________ JUSTICE N.V.RAMANA __________________________ JUSTICE P.DURGA PRASAD 08.08.2011 Gsn