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2025 DAILYLAW 19256 (KAR)

SRI T SRINIVAS v. TAMILNADU MERCANTILE BANK LTD

WP/6296/2025 · 2025-03-25

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:12739 WP No. 6296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6296 OF 2025 (GM-DRT) BETWEEN: SRI. T. SRINIVAS, S/O LATE SRI. THIMMAIAH, AGED 48 YEARS, RESIDING AT DOOR NO. 23203/65, NEW DOOR NO. D-10, FIRST CROSS MEDHAR BLOCK, BAMBOO BAZAR, DEVARAJA MOHALLA, MYSORE - 570 001. …PETITIONER (BY SMT. SANDHYA U. PRABHU, ADVOCATE) AND: TAMILNADU MERCANTILE BANK LTD., REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER, HEBBAGODI BRANCH, FIRST FLOOR, NO. 55, R.S. TOWER, HOSUR MAIN ROAD, HEBBAGODI, BENGALURU - 560 099. …RESPONDENT (BY SMT. P. CHITHRA NIRMALA, ADVOCATE FOR C/R) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12739 WP No. 6296 of 2025 HONBLE DEBTS RECOVERY TRIBUNAL II AT BANGALORE TO CONSIDER THE APPLICATION FILED BY THE PETITIONER IN D.NO. 150/2025 FOR MODIFICATION OF ORDER DATED 17.01.2025 PRODUCED AT ANNX-J AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the respondent - Bank submits that during the subsistence of the mortgage, the petitioner has transferred the property to the name of his wife, who is not permitting to take the possession of the property. 2. Learned counsel appearing for the petitioner submits that she has no instructions with regard to the transfer of property to the wife. 3. Be that as it may. It is an admitted fact that the petitioner is before the Debt Recovery Tribunal on the same cause of action. Therefore, the petitioner shall pursue the remedies before the Debt Recovery Tribunal. - 3 - NC: 2025:KHC:12739 WP No. 6296 of 2025 4. Accordingly, the petition is disposed, reserving liberty to the petitioner to urge all the contentions urged before this Court, before the Debt Recovery Tribunal on identical cause of action. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 70 CT: BHK