MR NARASIMHAIAH K N v. SREE CHARAN SOUHARDHA CO OPERATIVE BANK LTD
WP/31031/2024 · 2025-03-14
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35413 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35413 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10670 WP No. 31031 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 31031 OF 2024 (GM-RES)
BETWEEN:
1.
MR. NARASIMHAIAH K.N, S/O SUBBARAYAPPA, AGED ABOUT 85 YEARS, NO.61, "L.N.NIVAS", 6TH CROSS, DOLLARS SCHEME, NANDINI LAYOUT, BANGALORE - 560 096.
2.
SHRI. SUBASH.N, S/O. NARASIMHAIAH. K.N, AGED ABOUT 48 YEARS, NO.61, "L.N.NIVAS", 6TH CROSS, DOLLARS SCHEME, NANDINI LAYOUT, BANGALORE - 560 096.
3.
SHRI. KISHORE.N, S/O NARASIMHAIAH.K.N, AGED ABOUT 51 YEARS, NO.61, "L.N.NIVAS", 6TH CROSS, DOLLARS SCHEME, NANDINI LAYOUT, BANGALORE - 560 096.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:10670 WP No. 31031 of 2024
4.
SHRI. PRAKASH.N, S/O. NARASIMHAIAH. K.N, AGED ABOUT 53 YEARS, NO.61, "L.N.NIVAS", 6TH CROSS, DOLLARS SCHEME, NANDINI LAYOUT, BANGALORE - 560 096. …PETITIONERS (BY SRI. P. ANAND, ADVOCATE)
AND:
1.
SREE CHARAN SOUHARDHA CO-OPERATIVE BANK LTD., HEAD OFFICE NO. 87/1, H.B. SAMAJA ROAD, GANDHI BAZAR, BASAVANAGUDI - 560 004, BENGALURU, REPRESENTED BY ITS AUTHORIZED OFFICER MR. JAYANTHERTHA R. KATTI.
2.
MRS. NAGAMANI M.S, AGED MAJOR, R/A NO. 124, 3RD MAIN ROAD, FLAT NO. P1, MAHALAKSHMIPURA FURTHER EXTENSION, OPPOSITE ISCON TEMPLE, BENGALURU - 560 086. …RESPONDENTS (BY SRI. K.V. LOKESH, ADVOCATE FOR C/R1;
SRI. S.G. HEGDE, ADVCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE PUBLIC SALE AUCTION NOTICE DATED 10/10/2024 BEARING NO. SCSCBL/HO/L AND A/130/2024-25, PRODUCED AT ANN-A AND ETC.,
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NC: 2025:KHC:10670 WP No. 31031 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
This Court on 20.11.2024 had passed the following order:
"Issue emergent notice to the respondents.
Respondent No.1 shall not issue sale certificate in favour of respondent No.2 following the confirmation of sale subject to the petitioner depositing a sum of Rs.75Lakh with the respondent No.1 within two days from today.
Relist this matter on 28.11.2024.
The respondent No.1 is hereby directed to accept the deposit of Rs.75Lakh to be made by the petitioner.
The respondent No.1 shall not hand over the vacant possession of the mortgaged property of the petitioner to respondent No.2, till the next date of hearing.
list after service of notice.
Hand delivery ordered."
Not a rupee is paid in furtherance of the order dated
20.11.2024. Again on 10.03.2025 when the matter was listed, there was no representation on behalf of the petitioners and not even rupee had been paid even on the said date.
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NC: 2025:KHC:10670 WP No. 31031 of 2024
2. In the light of the interim order being left uncomplied for more than six months, the petition does not deserve any indulgence, it is therefore dismissed.
The interim order subsisting stands dissolved. The bank is at liberty to proceed in accordance with law.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 17 CT: BHK