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High Court of Karnataka · body

2025 DAILYLAW 20272 (KAR)

MR. R LINGAPPA v. M/S THE KARUR VYSYA BANK LTD.,

WP/7316/2025 · 2025-04-01

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13708 WP No. 7316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7316 OF 2025 (GM-RES) BETWEEN: 1. MR. R.LINGAPPA S/O R.NARASAIAH AGED ABOUT 54 YEARS 2. MRS. L.LALITHAMMA W/O MR. R.LINGAPPA AGED ABOUT 52 YEARS 3. MR. D.JAYAPRAKASH S/O D.KRISTAPPA AGED ABOUT 57 YEARS R/AT NEAR SARASWATHI SCHOOL ROAD KARENAHALLI, DODDABALLAPUR - 561 203. 4. MR. K.GOVINDAPPA S/O M.K.CHINNARODDAPPA AGED ABOUT 56 YEARS R/AT D. NO. C 82, OPP: GANESHA TEMPLE KARENAHALLI, DODDABALLAPUR - 561 203. 5. MR. NARESHBABU S/O MR. R.LINGAPPA AGED ABOUT 38 YEARS R/AT NO.141, BESIDE CABLE RAMESH HOUSE KARENAHALLI DODDABALLAPURA - 561 203 …PETITIONERS (BY SRI KAVITHA D., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13708 WP No. 7316 of 2025 AND: M/S. THE KARUR VYSYA BANK LTD., (REGISTERED UNDER THE COMPANIES ACT, 1956) ASSET RECOVERY BRANCH DIVISIONAL OFFICE BUILDING NO.6, SHRI VASAVI TEMPLE ROAD NEAR SAJJAN RAO CIRCLE, V.V.PURAM BENGALURU - 560 004 IFSC CODE: KVBL0001343 REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SMT. NATASHA MURTHY, ADVOCATE FOR SRI VIGNESH SHETTY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE FOR SALE OF IMMOVABLE PROPERTIES DTD 14.03.2025 VIDE ANNX-J ISSUED BY THE RESPONDENT BANK STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT, 2002 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Smt. Natasha Murthy, learned counsel for respondent submits that on 14.03.2025, the date of which the sale was slated to held has not taken place and spent itself. She would - 3 - NC: 2025:KHC:13708 WP No. 7316 of 2025 further submit that the order of the Debts Recovery Tribunal is not complied with. 2. In the light of the submissions, nothing further survives for consideration and the petition is disposed as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 85 CT:SS