1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.1176 of 2007 with C.A.No.6894/2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The petitioner is guarantor and original defendant No.2 in suit (Special Civil Suit No. 65/2002) pending before the learned Joint Civil Judge (S.D.),Dhule. He filed his written statement in the suit. The contention of the petitioner is that the mortgaged property has been sold by the borrower in collusion with the plaintiff-bank. He, therefore, asserted that he has been discharged from the legal liability in view of Section 141 of the Contract Act. The learned Joint Civil Judge (S.D.), Dhule, rejected his application by order dated 18.1.2007. 3. The question whether the mortgaged property is sold, whether it has been sold in collusion with the plaintiff-bank and whether the same is lost by the Bank is yet to be determined. It is the disputed question of fact. The liability of the surety/guarantor is ordinarily co-terminus with the liability of the principal borrower. The written statement of the petitioner does not contain any such plea. If transfer has been effected during pendency of the suit then it will be hit by principle of lis-pendens. In view of involvement of disputed questions of facts, the petition is not maintainable and as such is dismissed. C.A. disposed of. (V.R.KINGAONKAR,J.) Dt.14.07.2009. asp/office/wp1176.07