Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14985 WP No. 12684 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. 12684 OF 2024 (GM-RES) BETWEEN:
1.
SYED KHALEEMULLA S/O SRI SYED AMEER AGED ABOUT 54 YEARS
2.
SMT. SJID BANU W/O SRI KHALEEMULLA AGED ABOUT 50 YEARS
BOTH RESIDING AT NO.52 2ND CROSS, OLD MC ROAD MUSLIM BLOCK, AZAD NAGAR MANDYA - 571 401. …PETITIONERS (BY SMT. NAGAMANI M. S., ADVOCATE) AND:
1.
CENTRAL BANK OF INDIA MANDYA BRANCH, NO.5, 2811213 3RD MAIN ROAD, ASHOK NAGAR MANDYA - 571 401 REP. BY ITS AUTHORISED OFFICER MR. ABHISHEK KUMAR AGED ABOUT 36 YEARS.
2.
SRI FAISA KHAN
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:14985 WP No. 12684 of 2024
S/O ARIF ULLA AGE: MAJOR R/AT BEEDI COLONY CHIKKA MANDYA - 571 401. …RESPONDENTS (BY SRI Y.P.GOKUL, ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DTD 01.03.2024 PASSED BY THE LEARNED PRL.SR.CIVIL JUDGE AND CJM AT MANDYA, IN C.MISC.46/2024, AT ANNEXURE-A; QUASH THE POSSESSION/EVICTION NOTICE DTD 20.04.2024 ISSUED BY THE R1 BANK AT ANNEXURE-B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioners are before this Court seeking the following prayers: i. Set aside the order dated 1-3-2024 passed by the learned Principal Senior Civil Judge and CJM at Mandya, in C.Misc.46/2024, at Annexure-A
ii. quash the possession/eviction notice dated 20-4-2024 issued by the 1st respondent bank at Annexure -B
iii. Direct the 1st respondent bank to regularize the loan account of the petitioners so as to enable the petitioners to pay the loan installments.
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NC: 2025:KHC:14985 WP No. 12684 of 2024
iv. grant such other relief/s as this Hon'ble Court may deem fir and proper in the circumstances of the instant case, in the interests of justice and equity.”
2. Heard Sri Y P Gokul, learned counsel appearing for respondent No.1. There is no representation on behalf of the petitioners.
3. This Court, on 02.05.2024, had passed the following
order:
“Heard.
Learned counsel for petitioners submits that they are willing to deposit entire amount if reasonable time is granted. Issue notice to respondents. There shall be stay of operation and execution of possession notice dated 20.04.2024 vide Annexure-B issued by respondent No.1 subject to the condition the appellant deposits 50% of the award amount demanded in Annexure-B within a period of four weeks from today. It is made clear that if the amount stated above is not paid as ordered today, interim order shall stand vacated automatically. Office objections, in the meanwhile to be complied with within two weeks.”
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NC: 2025:KHC:14985 WP No. 12684 of 2024
4. Though close to an year is passed by, not even a rupee is paid by the petitioners to the Bank, is the submission of the
learned counsel for the 1st respondent/Bank.
5. In that light the indication in the order would come into operation. Therefore, the petition stands dismissed on account of the default of the petitioners.
Interim order of any kind operating stands dissolved.
Sd/- (M.NAGAPRASANNA) JUDGE
BKP List No.: 1 Sl No.: 45 CT:SS