Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44402 WP NO.20571 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.20571 OF 2025 (GM-RES) BETWEEN:
DR. ARATHY GOPAL W/O DR. GOPAL, AGED ABOUT 56 YEARS, R/AT NO.485/2, 'MATRU SHRI', 9TH MAIN, 4TH CROSS, J.P. NAGAR 2ND PHASE, BENGALURU - 560 078. …PETITIONER (BY SRI. SRIDHAR B.R., ADVOCATE FOR SRI. SHIVAPRAKASH M., ADVOCATE) AND:
1.
THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE ADDITIONAL REGIONAL COMMISSIONER AND COMPETENT AUTHORITY, SRI. GURU SARVABHOUMA SOWHARDA CO- OPERATIVE BANK LTD., OFF. 2ND FLOOR, BMTC COMPLEX, SHANTINAGAR, K.H. ROAD, BENGALURU - 560 027.
3.
THE SECRETARY TO THE REGIONAL COMMISSIONER NODAL /COMPETENT AUTHORITY & ECONOMIC OFFENCES, OFF. 2ND FLOOR, BMTC COMPLEX, HANTINAGAR, K.H. ROAD, BENGALURU - 560 027.
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44402 WP NO.20571 OF 2025
4.
THE JAYANAGAR CO-OPERATIVE HOUSING SOCIETY LTD., A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OP SOCIETIES ACT, HAVING ITS REGD. OFFICE AT: NO.902, 8TH MAIN, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011.
REP. BY ITS SECRETARY SRI. B.V. GANGADHARAMURTHY. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2 AND R3;
NOTICE TO R4 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS AGAINST RESPONDENTS 2 AND 3 TO RELEASE THE ORIGINAL SALE DEED DATED 19TH JANUARY, 2013 VIDE ANNEXURE-A MORTGAGED WITH THE RESPONDENT NO.3 AND TO ISSUE CLEARANCE CERTIFICATE TO THE PETITIONER BY DISCHARGING THE MORTGAGE; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER
In this writ petition, the petitioner has sought for writ of mandamus against the respondents 2 and 3 to release the original Sale Deed dated 19th January, 2013 (Annexure-A) and to issue clearance certificate to the petitioner by discharging the mortgage.
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HC-KAR NC: 2025:KHC:44402 WP NO.20571 OF 2025
2. Heard Sri. Sridhar B.R., learned counsel on behalf of Sri. Shivaprakash M., appearing for the petitioner; Sri. Mahantesh Shettar learned Additional Government Advocate appearing for respondent No.1 and Sri. Veeresh R. Budihal,
learned counsel appearing for respondents 2 and 3.
3. Having heard the learned counsel appearing for the parties and on perusal of the averments made in the writ petition, the same would indicate that the original registered Sale deed sought to be released in favour of the petitioner in the present writ petition is the subject matter in Writ Petition No.7350 of 2020 before this Court. It is also forthcoming from the letter dated 30th December, 2023 (Annexure-E) that the interim order dated 11th February, 2021 has been passed in Writ Petition No.7350 of 2020. In that view of the matter, I am of the view that the petitioner has to seek for the relief sought for herein in Writ Petition No.7350 of 2020 With this observation, writ petition stands disposed of.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 48