IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.1850 of 2010 (O&M) Date of Decision : 19.3.2010 Kuldeep Singh ....Petitioner Versus Dena Bank and another ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Surender Saini, Advocate for the petitioner. ..... MAHESH GROVER, J. C.M.No.7056-CII of 2010 Allowed as prayed for. C.R.No.1850 of 2010 The instant petition is directed against the order dated 9.2.2010. The petitioner filed a suit alleging that the suit property has not been partitioned and it is still continuing to be joint and therefore the bank has no right to proceed against the property which was mortgaged by one Rekha who was arrayed as defendant No.2 in the suit. It has been contended that in the absence of any formal partition, the bank was precluded from proceeding against the joint property. Injunction was declined to the petitioner as a result of which he has approached this Court by way of instant revision petition. C.R.No.1850 of 2010 (O&M) -2- After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition is totally misconceived. Smt. Rekha, who was arrayed as defendant No.2 in the suit, had mortgaged her property, which was specifically demarcated as a plot having boundary walls and some construction therein, implying thereby that the partition even though formally not accepted by the revenue officials but had actually been implemented because specific shares had been delineated by plots. In any eventuality the bank had accepted the mortgage since the property was clearly distinct from that of the petitioner, I am of the opinion that the injunction has rightly been declined to the petitioner as the bank is very well within its right to proceed against the property which was mortgaged with it and which was described with specific boundaries. The petitioner has been unable to show his concern with a plot which belongs to the mortgagor Rekha Rani and he has been unable to demonstrate his interest and concern with the said property. No ground to interfere. Dismissed. 19.3.2010 (MAHESH GROVER) JUDGE dss