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2025 DAILYLAW 81782 (KAR)

SRI M JOHN PHILLIPS v. SREE THYAGARAJA CO OP BANK LTD

WP/25253/2022 · 2025-12-10

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52334 WP No. 25253 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 25253 OF 2022 (GM-RES) BETWEEN: 1. SRI M JOHN PHILLIPS S/O SRI. T E MOSES AGED ABOUT 47 YEARS R/AT NO.11, 14TH CROSS 4TH MAIN RAOD, SAMPANGIRAMANAGAR BENGALURU - 560 027. 2. SMT. P ANITHA W/O SRI M JOHN PHILIPS AGED ABOUT 35 YEARS R/AT NO.11, 14TH CROSS 4TH MAIN RAOD, SAMPANGIRAMANAGAR BENGALURU - 560 027. …PETITIONERS (BY SRI. GANGADHARAPPA C., ADVOCATE) AND: SREE THYAGARAJA CO-OP BANK LTD REPRESENTED BY THE AUTHORIZED SIGNATORY SRI. SREERAM S Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52334 WP No. 25253 of 2022 NO.5, 9TH CROSS N R COLONY BENGALURU. …RESPONDENT (BY SRI. LOKESH K.V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.05.2022 PASSED BY THE HONBLE IX ACMM AT BENGALURU IN CRL.MISC.NO.2715/2018 AS PER ANNEXURE-A IN RESPECT OF THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this, Writ Petition, petitioners are assailing the order dated 23.05.2022 (Annexure-A), passed in respect of the schedule property, in Crl. Misc.No.2715/2018 on the file of the Court of IX Additional Chief Metropolitan Magistrate, at Bengaluru. - 3 - HC-KAR NC: 2025:KHC:52334 WP No. 25253 of 2022 3. This Court, by order dated 15.12.2022, passed the following order: " Heard the learned counsel for the petitioners. Issue emergent notice to the respondent. The petitioners are before this Court calling in question an order dated 23.05.2022, passed by the IX ACMM, Bengaluru, in Crl.Misc.No.2715/2018, and also the notice dated 12.09.2022 issued by the respondent - Bank. Learned counsel appearing for the petitioners seeks reasonable time to pay substantial amount of the outstanding amount. Therefore, there shall be an interim order of stay of the impugned orders, subject to the petitioners depositing 20% of the amount in due, within eight weeks from today, in the following manner: 1. The petitioners shall deposit 10% within four weeks from today. 2. Remainder of 10% shall be paid within four weeks, thereafter. 3. Any deviation in paying the aforesaid amount within the time line as stipulated hereinabove, even of the first instance, would entail vacation - 4 - HC-KAR NC: 2025:KHC:52334 WP No. 25253 of 2022 of the interim order and would also run the risk of dismissal of the petition itself. Office objections to be complied with, forthwith." 4. Perusal of the Writ Petition papers would indicate that the petitioners have not complied with the interim order passed by this Court. In that view of the matter, taking into consideration the observation made by the Hon'ble Supreme Court in the case of PRESTIGE LIGHTS LTD. Vs. STATE BANK OF INDIA, reported in (2007) 8 SCC 449, no interference is called for in this Writ Petition, in view of disobedience of the order passed by this Court. 5. Accordingly, the Writ Petition is dismissed. Pending I.As. are disposed of as not surviving for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 14