Bak given loan agaist property before expiry of apeal period

subbu (Querist) 23 September 2017 This query is : Resolved
Sir
The agriculture land was granted to a tenant(applicant) by deputy commissioner.
on which i (respodent) made an appeal to karnataka appeallate tribunal but the property was mortaged by my opponent and raised a loan of rs 3 lacs.

My question is bank giving loan before expiry of appeal period is correct?

If order is quashed in appeal and regranted land to me (appealent) then what about loan taken by first party?

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Rajendra K Goyal (Expert) 23 September 2017
Whether any stay by the court was granted for not mortgaging such property?

Even if your claim is accepted, Bank has right to recover from other assets of the borrower.

Guest (Expert) 23 September 2017
In the absence of any stay, any action by bank cannot be termed as irregular. Bank is not liable to wait for the order on your appeal.

Guest (Expert) 23 September 2017
Agree with the experts.
.....

subbu (Querist) 23 September 2017
Bank has to wait till expiry of appeal period of 60 days or not. Because in appeal if order passed in appeal rejecting land granted what about bank loan?

Guest (Expert) 23 September 2017
That is the headache of the bank, not yours, to think what about bank loan, if you win the appeal.

subbu (Querist) 23 September 2017
Sir it is now my headech because the DC passed illegal order and it will be quashed in appeal if property come to me i have to pay the loan of other person na sir. DC taken Rs 5 lacs to pass that order. The fact told by his PA.

Guest (Expert) 23 September 2017
Mr. Subbu,

You should have been concerned with your appeal only, not the bank granting to other party. Don't worry, the bank cannot recover loan of other party from you, if you win the case.

If DC has taken 5 lakhs to pass the order and you have any proof, you should go to the ACB.

Guest (Expert) 23 September 2017
Agree with Mr. Dhingra.

P. Venu (Expert) 23 September 2017
Is the private land private? if so, how and why the DC came to allot it to the alleged tenant? What is your locus standi in the matter?

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