COURT OF KARNATAKA AT BANGALORE DATED THIS…
Possession of premises directed to be restored to petitioner until 10.06.2013; subsequent direction to vacate and hand over keys.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 15TH DAY OF APRIL 2013
BEFORE
THE HON'BLE MR. JUSTICE S. ABDUL NAZEER
WRIT PETITION NO:15955/2013 (GM-RES)
BETWEEN:
SMT THULASI C AGED ABOUT 28 EYARS W/O SHRI SACHIN V L R/O FLAT NO.D-4, THIRD FLOOR NO.35, VIGNESH HABITAT, 6TH CROSS, BALAJI LAYOUT KODIGEHALLI BANGALORE 560094
... PETITIONER
(BY SRI. N. VISHWANATH, ADV.,)
AND:
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4 SHRI GANGADHAR B S AGED ABOUT 22 YEARS S/O SOMASHEKAR B M RESIDING AT NO.16, 15TH CROSS 3RD MAIN, R M V 2ND STAGE DOLLARS COLONY BANGALORE 560 094
... RESPONDENTS (BY SRI. R.B. SATHYANARAYANA SINGH, HCGP FOR R1 & R2; SRI. B.V. KRISHNA, ADV., FOR R3 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO DISPOSSES THE PETITIONER OTHERWISE THAN DUE PROCESS OF LAW IN SO FAR AS REGARDS THE PREMISES OF THE PETITIONER IS CONCERNED.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
Petitioner contends that she is in possession of the premises bearing No.35, Third Floor, Flat No.D-4, Vignesh Habitat, 6th Cross, Balaji Layout, Kodigehalli, Bangalore-94, as a tenant. Respondent No.3 had initiated proceedings against respondent Nos.4 and 5 for recovery of the amounts due to it under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. The Bank has taken possession of the aforesaid premises from the petitioner after issuing possession notice at Annexure 'D'.
as under:-
“Smt. C.Thulasi, the petitioner is present before the Court.
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undertakes to vacate the premises on or before 10.06.2013 and hand over the keys to the manager of the third respondent-Bank. She also undertakes to file an affidavit to that effect.
Post this case again on 15.04.2013.”
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Sd/JUDGE
PMR
3 issues framed by the court
Whether petitioner is entitled to interim possession of premises for residence before vacating.
Whether petitioner directed to vacate premises by a specified date.
Whether writ petition disposed of without costs.
2 provisions across 2 enactments
Smt Thulasi C
State of Karnataka
The Inspector of Police, Yelahanka
Bank of Maharashtra
Shri Gangadhar B S
Shri Devaraj R Naik
S. Abdul Nazeer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
