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2025 DAILYLAW 22794 (KAR)

SRI G KIRAN v. MAHILA CO OPERATIVE BANK LIMITED

WP/9763/2025 · 2025-04-17

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:15954 WP No. 9763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9763 OF 2025 (GM-RES) BETWEEN: 1. SRI. G. KIRAN, S/O LATE PUTTASWAMY GOWDA, AGED 76 YEARS, PRESENTLY RESIDING AT 3580/A, 9TH MAIN, 5TH CROSS, CAUVERY NAGAR, BSK 2ND STAGE, BANGALORE - 560 070. 2. SMT. K.G. NAGARATHNA, W/O SRI. G. KIRAN, AGED 72 YEARS, PRESENTLY RESIDING AT 3580/A, 9TH MAIN, 5TH CROSS, CAUVERY NAGAR, BSK 2ND STAGE, BANGALORE - 560 070. …PETITIONERS (BY SRI. SANDHYA U. PRABHU, ADVOCATE) AND: MAHILA CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER, A.O, NO. 14, SOUTH END ROAD, SHESHADRIPURAM, BANGALORE - 560 020. …RESPONDENT (BY SRI. K. RAMA BHAT, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15954 WP No. 9763 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED 04.03.2025 ISSUED BY THE RESPONDENT BANK TO THE PETITIONERS IN RESPECT OF SCHEDULE PROPERTY PRODUCED AT ANNX-H 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 The petitioners are before this Court seeking the following prayers: "A) Issue a Writ of certiorari quashing the Sale notice dated 04/03/2025 issued by the respondent bank to the petitioners in respect of schedule property produced at Annexure-H. b) Grant any other relief as this Hon'ble court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity." 2. Heard Smt. Sandhya U. Prabhu, learned counsel appearing for the petitioners and Shri K. Rama Bhat, learned counsel appearing for the respondent. 3. The learned counsel appearing for the petitioners submits that the entire loan is cleared, the account is closed - 3 - NC: 2025:KHC:15954 WP No. 9763 of 2025 and certificate of discharge of the loan is also issued by the respondent - Bank, which includes all the incidentals towards the payment of loan. 4. Shri K. Rama Bhat, learned counsel appearing for the respondent submits that some solution should be paid to the auction purchaser. 5. The learned counsel appearing for the petitioners submits that it is inclusive of the said amount, as the certificate of discharge of loan is already issued in favour of petitioners. 6. In that light, nothing further survives for consideration. The petition is disposed as having become infructuous. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 39