SBCWP NO.5548/2008– MGB GRAMIN BANK V/S SMT. SARLA DEVI AND ORS. . : ORDER DATED 12.8.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.5548/2008 MGB Gramin Bank versus Smt. Sarla Devi and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Jagdish Vyas, for the petitioner DATE OF ORDER : 12th AUGUST, 2008. O R D E R 1. Heard the learned counsels for the petitioner. 2. This petition has been filed by the petitioner – Bank whose application under Order 7 Rule 11 C.P.C. was rejected by the learned trial Court by the impugned orderdtd.23.4.2008. 3. The suit in question is filed for partition of ancestral property. The case of the petitioner - Bank is that the parties are guarantors to SBCWP NO.5548/2008– MGB GRAMIN BANK V/S SMT. SARLA DEVI AND ORS. . : ORDER DATED 12.8.2008 2/3 the loan in question advanced to the borrower and therefore, in view of Section 34 of the Securitization Act, 2002, the suit could not be entertained and the Court could not grant any injunction in the matter of said property which stood as security for the loan in question. 4. The learned trial Court rejected the said application under Order 7 Rule 11 C.P.C. relying on the decision of this Court in the case of Mohan Lal and another V/s Dwarka Prasad and ors. Reported in AIR 2007 (Raj.)129 in which this Court has held in para 27 that the Civil Courts still remain appropriate forums and can continue to decide inter-party civil rights in the cases involving civil rights of the parties like in the case of partition, cancellation of sale deed, gift deed, right of pre-emption, redemption of mortgage etc. and the bar contained in Section 34 of the Securitisation Act is not absolute and does not debar Civil Courts to entertain such suits, however, no suit or injunction in any Civil Court can be allowed to prohibit and debar the meaures taken by banks and financial institutions under Securitisation Act, 2002. 5. In view of this, admittedly, the suit being for partition of the ancestral property, the Bank could not seek dismissal of the said suit SBCWP NO.5548/2008– MGB GRAMIN BANK V/S SMT. SARLA DEVI AND ORS. . : ORDER DATED 12.8.2008 3/3 at threshold by filing the application under Order 7 Rule 11 C.P.C. The learned trial Court has not erred in rejecting the said application following the judgment of this Court. There is no force in this writ petition and the same is accordingly dismissed. (Dr.VINEET KOTHARI)J. Item No.7 Ss/-