IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11318 of 2009 PRATIMA DEVI & ORS Versus THE STATE OF BIHAR & ORS ----------- 2 7.9.2009 The petitioners are aggrieved by order dated 6.7.2009 passed in S.A. No.19/07 by the Presiding Officer,D.R.T., Patna, whereby the appeal filed by the petitioner under section 17 of the SRFAESI Act has been rejected. They state that Late husband of petitioner no.1 mortgaged certain properties to the Allahabad Bank for taking loan in the year, 1989. A partition suit was filed in the year,1999, in which there was a compromise decree dated 30.9.1999. In the aforesaid decree the properties in question came in favour of the petitioners. Thus, the petitioner submits that the aforesaid properties cannot be sold. The counsel for the bank submits that the loan was taken in the year,1989 by the husband of the petitioner on the aforesaid properties. Thus, subsequent partition suit would not be of much help to her. This Court does not want to examine the rival contention of the parties. The petitioner ought to have moved the appellate tribunal instead of moving this court. This writ application is permitted to be withdrawn with liberty to the petitioner to move before the appellate court. Anilkrsinha (Samarendra Pratap Singh, J.)