Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 39463 (KAR)

H K MARIYAPPA v. CANARA BANK

WA/1874/2024 · 2025-12-11

C M Poonacha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:52497-DB WA No. 1874 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1874 OF 2024 (GM-RES) BETWEEN: 1. H K MARIYAPPA S/O KUNJAPPA AGED ABOUT 71 YEARS 2. H K MUNINANJAPPA AGED ABOUT 65 YEARS S/O KUNJAPPA 3. H K NARAYANASWAMY AGED ABOUT 45 YEARS S/O KUNJAPPA 4. H K RAJANNA AGED ABOUT 50 YEARS S/O KUNJAPPA 5. AMRUTA W/O LT H K SUBRAMANI AGED ABOUT 45 YEARS ALL ARE R/AT NO 431, KOTE, HOSAKOTE BENGALURU RURAL 562114 …APPELLANTS (BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE A/W Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52497-DB WA No. 1874 of 2024 SRI. SARAVANA S, ADVOCATE) AND: 1. CANARA BANK ARM BRANCH MATISAPLAZA, 1ST FLOOR 18TH JUNDE ROAD, PANAJI GOA - 403001 REP BY ITS AUTHORIZED OFFICER SRI POONANGI LOKESH S/O P KARUMAIAH 2. DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT DISTRICT OFFICE COMPLEX BEERASANDRA TALUK DEVANAHALI TALUK BENGALURU 562110 3. TAHASILDAR HOSKOTE TLAUK BANGALORE RURAL DISTRICT BANGALORE 562125 4. HEMANTH KUMAR S/O MARIYAPPA AGED ABOUT 34 YEARS 5. SMT PADMA W/O MARIYAPPA AGED ABOUT 60 YEARS RESPONDENTS NOS.4 AND 5 ARE R/AT NO 56/1, KOTE HOSAKOTE TOWN BENGALURU RURAL DISTRICT 562114 PRESENTLY R/AT No. 613/113 C/O VENUGOPAL - 3 - HC-KAR NC: 2025:KHC:52497-DB WA No. 1874 of 2024 2ND CROSS ROAD OPP TO POST OFFICE NEAR SLV ENTERPRISES DODENAKUNDI MARATHAHALLI BENGALURU 560037 …RESPONDENTS (BY SMT. NAMITHA MAHESH B G, AGA FOR R2 & R3 SRI. BIDAN, ADVOCATE FOR SRI. PADMANABHA HOLLA S, ADVOCATE FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDERS PASSED BY THE LEARNED SINGLE JUDGE DATED 17.12.2024 IN W.P. No.22036/2019 AND CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE APPELLANT OR PASS SUCH OTHER APPROPRIATE ORDERS AS THE FACTS AND CIRCUMSTANCES OF THE CASE WARRANTS IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 17.12.2024 passed in W.P. No.22036/2019 [GM- - 4 - HC-KAR NC: 2025:KHC:52497-DB WA No. 1874 of 2024 RES], whereby the writ petition preferred by the appellants was dismissed with cost quantified as `10 lakhs. 2. Learned counsel appearing for the appellants states that he has no grievance as against the main order. However, the cost imposed is excessive and he requests the Court to reduce the cost and submits that the appellants shall voluntarily pay a sum of `50,000/-. 3. We consider it apposite to accept the same. The cost as awarded is reduced to `50,000/-. The impugned order is modified to the said extent and the appeal is disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 10