Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 34310 (KAR)

KUM P VARSHITHA v. N PRAKASH

WP/25797/2022 · 2025-01-27

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3493 WP No. 25797 of 2022 C/W WP No. 18702 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 25797 OF 2022 (GM-KSFC) C/W WRIT PETITION NO. 18702 OF 2022 (GM-KSFC) IN WP No. 25797/2022 BETWEEN: 1. KUM P VARSHITHA D/O N PRAKASH AGED ABOUT 24 YEARS, 2. KUM P MAHESHWARI D/O N PRAKASH AGED ABOUT 20 YEARS, 3. MASTER P GAGAN S/O N PRAKASH AGED ABOUT 17 YEARS, SINCE MINOR REP BY HIS MOTHER NATURAL GUARDIAN SMT SAVITHA P W/O N PRAKASH AGED ABOUT 40 YEARS 4. SMT SAVITHA P W/O N PRAKASH AGED ABOUT 40 YEARS, ALL ARE R/A NO 1059/A, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3493 WP No. 25797 of 2022 C/W WP No. 18702 of 2022 VIDYARANYAPURA, MYSORE. …PETITIONERS (BY SRI. EDIGA RAJAGOPAL., ADVOCATE) AND: 1. N PRAKASH S/O G C NAGARAJU AGED ABOUT 49 YEARS, PROPRIETOR OF VARSHA RESTURANT NO 10/4 4TH MAIN ROAD 3RD CROSS NEAR YELLAMMA TEMPLE SRINIVAS NAGAR BENGALURU 560085 2. THE MANAGER KARNATAKA STATE FINANCIAL CORPORATION BRANCH OFFICE AT FIRST FLOOR S P S COMPLEX VANIYAR STREET CHAMARAJNAGAR 571313 3. SRI RAJASHEKAR MURTHY M S/O LATE K S MAHADEVAPPA AGED ABOUT 71 YEARS, R/A NO 8/261 CHAMAL STREET 2ND CROSS CHAMARAJNAGAR TOWN 571313 …RESPONDENTS (BY SMT. ASHWINI MARALI., ADVOCATE FOR R1 SRI. MALIPATIL P S., ADVOCATE FOR R2 SRI. MANMOHAN P.N., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE DEED/ SALE CERTIFICATE DATED. 14.12.2022 AND POSSESSION CERTIFICATE DATED. 29.11.2022 KSFC/BO/MYS/151173/453/2022-23 VIDE ANNEXURE- D AND E AND ETC. - 3 - NC: 2025:KHC:3493 WP No. 25797 of 2022 C/W WP No. 18702 of 2022 IN WP NO. 18702/2022 BETWEEN: SRI.N.PRAKASH S/O J C NAGARAJU AGED ABOUT 60 YEARS PROPRIETOR OF VARSHA RESTAURANT R/A NO.10/4, 4TH MAIN ROAD, 3RD CROSS, NEAR YELLAMMA TEMPLE SRINIVAS NAGAR, BENGALURU-560085 ...PETITIONER (BY SRI. EDIGA RAJAGOPAL.,ADVOCATE) AND: THE MANAGER THE STATE FINANCIAL CORPORATION BRANCH OFFICE AT FIRST FLOOR S P S COMPLEX, VANIYAR STREET CHAMARAJANAGAR CHAMARAJANAGARA DISTRICT-571313 ...RESPONDENT (BY SRI. MALIPATIL P S., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 22/8/2022 VIDE NO.KA.RA. HA.SO./SHAKA/CHA.NA/1173/258/2022 AND MADE PAPER PUBLICATION IN INDIAN EXPRESS ENGLISH ON 19/8/2022 VIDE ANNEXURE - A AND C AND DIRECT THE RESPONDENT AUTHORITY TO HAND OVER THE POSSESSION TO THE PETITIONER BY RESCHEDULING THE LOAN AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:3493 WP No. 25797 of 2022 C/W WP No. 18702 of 2022 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER On 20.09.2022 in W.P.No.18702/2022, the following order was passed: “Issue Emergent notice. Scheduled auction shall go on however, short of issuing confirmation order subject to petitioner paying o the respondent – KSFC a sum of Rs.1,00,00,000/- (Rupees One Crore) only as under: (i) Rs.34,00,000/- (Rupees Thirty Four Lakh) only, within two weeks, (ii) Rs.33,00,000/- (Rupees Thirty Three Lakh) only, within next two weeks, (iii) Rs.33,00,000/- (Rupees Thirty Three Lakh) only, in the following next two weeks. failing which not only will the interim order stand rescinded on its own but a shadow would be cast on the merits of the main matter too.” - 5 - NC: 2025:KHC:3493 WP No. 25797 of 2022 C/W WP No. 18702 of 2022 2. Admittedly, the petitioners have not complied with the directions issued by this court. 3. Consequently, both the writ petitions stand dismissed. Sd/- (R DEVDAS) JUDGE KLY CT: JL