SRI. NITHESH D v. SHREE BHAGAVATHI CO OPERATIVE BANK LTD
WP/4559/2023 · 2025-12-02
M G Uma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51532 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51532 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50174 WP No. 4559 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 4559 OF 2023 (CS-RES) BETWEEN:
SRI. NITHESH D S/O DEVDAS KOTIAN, AGED ABOUT 42 YEARS R/AT NO.2-391, SWAMI KRUPA, KAJE PADAVU, KOALMBE POST AND VILLAGE, MANGALORE D.K - 574 189 &PETITIONER (BY SRI. ANIL KUMAR D., ADVOCATE (ABSENT)) AND:
1.
SHREE BHAGAVATHI CO OPERATIVE BANK LTD, MORGAN GATE, JEPPU MANGALORE - 575 001 REP BY: THE SALE OFFICER.
2.
THE GENERAL MANAGER M/S SHREE BHAGAVATHI CO-OPERATIVE BANK LTD MORGAN GATE, JEPPU MANGALORE - 575 001
3.
THE DEPT. REGISTRAR OF CO-OPERATIVE SOCIETY'S NO 62, 2ND FLOOR, MARGOSA ROAD, 3RD MAIN, 18TH CROSS, MALLESHWARAM BANGALORE - 560 055 &RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA FOR R3 V/O DT.09.01.2025, WP STANDS DISMISSED IN R/O R1 & 2)
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:50174 WP No. 4559 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO R- 1 AND 2 TO CONSIDER THE REPRESENTATIONS DATED 16/02/2023 RESPECTIVELY UNDER ANNEXURE-B. AND SET ASIDE THE SALE NOTICE ABN NO. 53/2018-19, NO. EP NO. 191/2018-19 DATED 13/01/2023 ISSUED BY RESPONDENT UNDER ANNEXURE-A. AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS. JUSTICE M G UMA ORAL ORDER
Learned counsel for the petitioners is absent. No representation.
2. It is noticed that steps to serve notice to respondent Nos.1 and 2 is not taken.
3.
Order sheet dated 09.01.2025 reads as under:
"There is no representation on behalf of the petitioners.
A week's time is granted to do the needful in respect of unserved respondent Nos.1 and 2, failing which, the petition stands dismissed as against respondent Nos.1 and 2."
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HC-KAR NC: 2025:KHC:50174 WP No. 4559 of 2023
4. Learned Additional Government Advocate for respondent No.3 submits that respondent No.3 is only a formal party and the relief is sought only against respondent Nos.1 and 2. Therefore, the petition do not survive for consideration.
5. In view of the above, the petition is dismissed.
Sd/- (M G UMA) JUDGE
PNV CT:VS List No.: 1 Sl No.: 17