Document registered under duress, says petitioner
The Special Judge of XXXV Additional City Civil and Sessions Judge issued a temporary injunction order against selling, mortgaging or otherwise alienating 8 acre and one gunta of land in BTM Layout by the Amanath Cooperative Bank.
The order was issued after M.G. Dattatreya and others approached the court against the auction of land parcels by the bank. While a part of the land was auctioned by the bank on May 23, one more auction is scheduled in the third week of June.
According to the petitioner, the land belonged to his brother M.G. Shantakumar, who was murdered in August 2011.
A group of four persons had transferred the land to their names by force and fraudulent means by abducting late Shantakumar in 1999, he said, and a case is still being heard by a City Civil Court in Bangalore.
He said that the document, registered under duress, was pledged in the bank in 2002 to raise a loan and the bank had initiated auction to recover the dues now. When a court case is pending, the bank had notified for auction.
Mr. Dattatreya claimed that when he had approached the bank with the injunction order, it refused to accept it. “Even when it was sent by a courier, they did not accept the order. Auction process would now attract contempt of court,” he said and added that the court order was finally accepted by the bank on Tuesday, but with any acknowledgement.
Repeated attempts to reach the bank chairperson Naseer Ahmed failed.