MR. KUSHALAPPA (LATE) v. THE ASSISTANT REGISTRAR AND RECOVERY OFFICER
WP/7132/2025 · 2025-07-28
R Nataraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39714 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39714 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28814 WP No. 7132 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 7132 OF 2025 (CS-RES) BETWEEN:
1.
MR. KUSHALAPPA (LATE) SON OF LATE SOMAIAH KE, AGED ABOUT 58 YEARS, RESIDING AT NO.9, B BLOCK, CIL LAYOUT, 3RD MAIN, SANJAY NAGAR, BENGALURU-560094 SINCE DEAD, BY HIS LR
1(a) MRS. KK RATHI WIFE OF LATE KUSHALAPPA AGED ABOUT 66 YEARS, RESIDING AT NO.9, B BLOCK, CIL LAYOUT, 3RD MAIN, SANJAY NAGAR, BENGALURU-560094
2.
MRS.KUSUM J BIYANI WIFE OF LATE JUGAL KISHORE BIYANI, AGED ABOUT 62 YEARS, RESIDING AT NO.9, B BLOCK, CIL LAYOUT, 3RD MAIN, SANJAY NAGAR, BENGALURU-560094 …PETITIONERS (BY SRI. N.S. SRIRAJ GOWDA, ADVOCATE) AND:
1.
THE ASSISTANT REGISTRAR AND RECOVERY OFFICER KARNATAKA STATE CO-OP. URBAN BANKS
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:28814 WP No. 7132 of 2025
FEDERATION LTD., NO.132, KH ROAD, BENGALURU-560027.
2.
THE JANATHA CO-OPERATIVE BANK 8TH MAIN, 17TH CROSS, MALLESHWARAM, BENGALURU-560055 REPRESENTED BY ITS MANAGER …RESPONDENTS (BY SRI. HARISH A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;
NOTICE SERVED ON RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE DATED 14.02.2025 ISSUED BY RESPONDENT NO.1 IN JRD/UBF/270/2019-20 AND CIP NO.ARE/UBF/36/2021-22 IN ANNEXURE-E AND ALL FURTHER PROCEEDINGS THERETO.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The bailable warrant issued to the respondent No.2 by this Court vide
order dated 16.07.2025 is served and Sri. Muniraju, Manager of the Janatha Co-Operative Bank is present in the Court and he submits that the loan account is closed and all title deeds that were pledged are returned.
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HC-KAR NC: 2025:KHC:28814 WP No. 7132 of 2025
2. The learned counsel for the petitioner does not dispute the above fact.
3. In that view of the matter, the auction notice bearing No.JRD/UBF/270/2019-20 and CIP No.ARE/UBF/36/2021-22 dated 14.02.2025 issued by the respondent No.1 which is challenged in this writ petition stands quashed.
4. As nothing survives for consideration in this petition, the writ petition stands disposed of.
Sd/- (R. NATARAJ) JUDGE
HJ List No.: 1 Sl No.: 19