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2025 DAILYLAW 12994 (KAR)

LATE MR. RAMACHANDER K. S., DEAD REPRESENTED BY HIS LRS GAYATHRI DEVI P v. THE SOUTH INDIAN BANK LTD

WP/720/2024 · 2025-04-08

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:15056 WP No. 720 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 720 OF 2024 (GM-RES) BETWEEN: LATE MR. RAMACHANDER K. S., DEAD REPRESENTED BY HIS LRS 1. GAYATHRI DEVI P., W/O K.S.RAMACHANDER AGED ABOUT 69 YEARS C/O RAVIKIRAN R., R/AT NO.7083, 2ND PHASE 4TH STAGE, VIJAYANAGAR – 570 010. 2. RAVIKIRAN R., S/O MR. RAMACHANDER K. S., AGED ABOUT 48 YEARS C/O RAVIKIRAN R., R/AT NO. 7083, 2ND PHASE 4TH STAGE, VIJAYANAGAR – 570 010. 3. SHASHIKIRAN R., S/O MR. RAMACHANDER K. S., AGED ABOUT 46 YEARS R/AT ICON DIGITAL PRESS NO. 875/1, REHAMANIA STREET 1ST MAIN RAOD, VANI VILAS ROAD CROSS, CHAMARAJA MOHALLA MYSURU - 570 024. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15056 WP No. 720 of 2024 4. SUBHASHINI R., D/O MR. RAMACHANDER K. S., W/O HARISH AGED ABOUT 51 YEARS R/AT NO.842, 3RD STAGE CONTOUR ROAD NEAR BHARATH GAS AGENCY GOKULAM VANI VILAS MOHALLA MYSORE – 570 002. …PETITIONERS (BY SMT. POORNIMA H. S., ADVOCATE) AND: 1. THE SOUTH INDIAN BANK LTD., JAYALAKSHMIPURAM ST. JOSEPH’S INSTITUTIONAL COMPLEX TEMPLE ROAD, MYSORE - 570 012. REPRESENTED BY AUTHORISED OFFICER OR CHIEF MANAGER. 2. THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE, SIB ARCADE, 61 WHEELERS ROAD, COX TOWN BENGALURU - 560 005. REPRESENTED BY ITS MANAGER. 3. THE SOUTH INDIAN BANK LTD., SIB HOUSE, T.B.ROAD MISSION QUARTERS THRISSUR, KERALA – 680 001. …RESPONDENTS (BY SRI FRANCIS XAVIER, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE - 3 - NC: 2025:KHC:15056 WP No. 720 of 2024 NOTICE DATED 18/12/2023 ISSUED BY THE R2 AT ANNEXUER- A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “a. Issue a writ of certiorari quashing the Sale notice dated 18/12/2023 issued by the Respondent no.2 at ANNEXURE A. b. restore possession of the petition schedule property c. Grant such other and further reliefs as this Hon’ble Court deems fit in the interest of justice and equity.” 2. Heard Smt. Poornima H.S., learned counsel for petitioner and Sri Francis Xavier, learned counsel for respondents. 3. Learned counsel for the petitioner submits that the account has been closed according to the one time settlement - 4 - NC: 2025:KHC:15056 WP No. 720 of 2024 and the learned counsel for respondents would accept the same. 4. Learned counsel for petitioner seeks a direction to the respondents – bank to return all the documents within a time frame. 5. Learned counsel for respondents – bank would under that all the documents would be returned to the petitioner within ten days from today. 6. Placing the submissions on record, the writ petition stands disposed. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 110 CT:SS