Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52330 WP No. 7807 of 2023
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.7807 OF 2023 (GM-RES)
BETWEEN:
1.
MR. SHIVA PRASAD S/O LATE SHEENA AGED ABOUT 59 YEARS, DOOR NO 11-80A, ASHIRWAD PRANTHYA VILLAGE, POST KODANGALLU, MOODBIDRI - 574197.
2.
MRS. VEENA W/O MR. SHIVA PRASAD AGED ABOUT 54 YEARS, DOOR NO 11-80A, ASHIRWAD PRANTHYA VILLAGE, POST KODANGALLU, MOODBIDRI - 574197. …PETITIONERS (BY SRI. K SHASHIKANTH PRASAD, ADVOCATE) AND:
1.
THE AUTHORIZED OFFICER VISHWAKARMA SAHAKARA BANK LTD, KARKALA BRANCH, HEAD OFFICE CAR STREET, MANGALURU - 575001.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52330 WP No. 7807 of 2023
2.
MR. SRINATH K.
S/O MR. SHANTHRAM ACHARYA, AGED ABOUT 49 YEARS SRI DEVI KRIPA KELINJOOR, NEAR NEKLAJE SRI KALIKAMBA TEMPLE KARKALA TALUK- 576117.
3.
MR. PAVAN KUMAR P.N.
S/O MR. NARASAPPA, AGED ABOUT 34 YEARS, SRI DURGA NILAYA PRANTHYA VILLAGE, POST KODANGALLU MOODBIDRI - 574197. …RESPONDENTS
(BY SRI. KESHAVA BHAT A., ADVOCATE FOR R1;
R2 AND R3 ARE SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE DATED 01.03.2023 FOR SALE OF SCHEDULE PROPERTY FOR AUCTION SALE ON 10.04.2023 AT 12.30 (ANNX-A) ISSUED BY THE RESPONDENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:52330 WP No. 7807 of 2023
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. It is submitted by the learned counsel appearing for the respondent No.1, that the petitioners have not complied with the interim order granted by this Court on 06.04.2023, and that apart, the petitioners are assailing the notice issued under the provisions of the SARFAESI Act.
2. 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. It is also open for the petitioners to approach the competent Tribunal for resolution of dispute.
3. Accordingly, the writ petition is dismissed. Consequently, the I.A.1/2023 is disposed of as not surviving for consideration.
SD/- (E.S.INDIRESH) JUDGE
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