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2025 DAILYLAW 45939 (KAR)

SRI K RAMACHANDRA GUNDAPPA v. MR. S.N. RAJANNA,

WP/5119/2025 · 2025-02-25

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:8354 WP No. 5119 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5119 OF 2025 (GM-RES) BETWEEN: SRI K RAMACHANDRA GUNDAPPA AGE ABOUT 50 YERAS, R/A BEARING NO.19 ASSESSMENT NO. 19 SHETTIHALLI VILLAGE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK 560 022 …PETITIONER (BY SRI. KISHAN SHETTY S R., ADVOCATE) AND: 1. MR. S.N. RAJANNA, S/O SRI. N NASAIAH AGE ABOUT 47 YEARS, R/A NO. 571, SLN TEMPLE, SHETTIHALLI, BANGALORE 560 04. 2. THE AUTHORISED OFFICER / MANAGER UCO BANK, JAYANAGAR BRANCH, NO. 238/35, 9th MAIN, JAYANAGAR, BANGALORE 560 111 …RESPONDENTS (BY SRI.K.R.PARASHURAM., ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8354 WP No. 5119 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DTD.03.07.2024 WHICH INFORMED TO THE PETITIONER ON 12.02.2025 BY THE R-2 AS PER ANNX-B AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the petitioner submits that the petitioner is a tenant under the first respondent by virtue of a Lease Deed dated 19.07.2024. It is submitted that the second respondent-bank has proceeded to take measures under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for recovery of loan from the first respondent, who is the owner of the property. Learned Counsel submits that the petitioner is not trying to cause any impediment in the measures taken by the second respondent, however, since the petitioner requires - 3 - NC: 2025:KHC:8354 WP No. 5119 of 2025 some time to make alternative arrangements and to enable the children to complete their examination, three months time is sought for vacating the premises. 2. Per contra, learned Counsel for the second respondent-bank submits that the first respondent is setting up persons like the petitioner to stall the measures taken by the second respondent. It is pointed out that W.P.No.27864/2024 was filed by one Sri.Rajashekaraiah son of Gangadharappa, contending that he is a tenant in the property in question and similar plea was taken up by the said petitioner. This Court by order dated 25th of November 2024, permitted the petitioner to handover vacant possession to the respondent-bank on 31.01.2025. Now, the petitioner is coming up before this Court and making similar plea. Learned Counsel further submitted that there is only one residential premises and the first respondent is only staying in the premises. 3. Having regard to the objections raised at the hands of the learned counsel for the second respondent- - 4 - NC: 2025:KHC:8354 WP No. 5119 of 2025 bank, this Court is of the considered opinion that no interference would be called for in this writ petition. 4. Accordingly the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE DL CT: JL