Aparesh Kumar Singh, J. - (1.) I.A. No. 1209/2013
(2.) THIS application has been filed by the respondent Bank seeking modification of the order dated 22nd January, 2013. The petitioner is the wife of the guarantor who has died. The Bank has been taking steps for sale of the mortgaged property of the borrower. The petitioner herein has made a prayer that she wants to repudiate the loan and the documents of the mortgaged property should be returned to her. Learned counsel for the Bank submits that such a prayer cannot be granted as the loan amount can be realized from the assets of the guarantor and the deeds of the mortgaged property can only be returned to the original borrower or his successor on their production of the necessary succession certificate. At best, the petitioner can have the no dues certificate on repudiation of the loan and her prayer in the instant writ application cannot be allowed. From the aforesaid facts, it is apparent that the petitioner is the wife of the guarantor. The Bank has taken recourse of proceeding for recovery of its loan from the borrower as well guarantor in respect of the property mortgaged with the Bank. However, the property under mortgage belongs to the borrower and its document cannot be returned to the guarantor and the same can only be returned to the borrower or his successor. In such circumstances, no relief can be granted to the present petitioner. Accordingly, the order dated 22nd January, 2013 is modified and the Bank is allowed to take steps for sale of the mortgaged property in question. For the same reasons, I do not find any merit in the writ application. Accordingly, it is dismissed. I.A. also stands disposed of.;