Petitioner challenged sale notice for mortgaged property and sought correction of loan account. Court dismissed petition as grievance no longer survives due to pending settlement in S.A.No.538/2012, reserving liberty.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4TH DAY OF SEPTEMBER 2013
BEFORE
THE HON’BLE MR. JUSTICE A S BOPANNA
WRIT PETITION No.2190/2012 (GM-RES)
Between:
M/s. Reliable Amrutha Ganga Housing Developers Rep. by its Proprietor Mujahid Baig S/o B Zahir Ahmed Aged about 30 years R/at No.1, 2nd Cross 8th Main Road, Byrasandra Bangalore … Petitioner
(By Sri A Kumaravel, Adv.)
And :
Indian Overseas Bank No.1143, 1st Floor J.N. Road, 60 Feet Main Road BEML III Stage Raja Rajeshwari Nagar Bangalore-560 098
2. The Manager
Indian Overseas Bank No.1143, 1st Floor J.N. Road, 60 Feet Main Road BEML III Stage Raja Rajeshwari Nagar Bangalore-560 098 … Respondents
(By Sri M R Shashidhar, Adv. for C/R1, R2-Served )
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This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, with a prayer to; quash the sale notice dated 04.01.2012 issued by the second respondent to sell the mortgage property, which is produced as per Annexure-F and etc.
This Writ Petition coming on for Preliminary hearing in 'B' group, this day, the Court made the following :
O R D E R
The petitioner is assailing the sale notice dated 04.01.2012 whereunder the property mortgaged was brought to sale. The petitioner is also seeking for issue of mandamus to direct the respondent to correct the statement of account of the loan account.
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earlier in any event has not taken place, the grievance would not survive at this juncture. If at all there are any fresh developments and fresh cause of action accrues to the petitioner, certainly, the legal course would be open to the petitioner in that regard.
Reserving the said liberty to the petitioner, the instant petition stands disposed of.
Sd/JUDGE
hrp/bms
2 provisions across 1 enactments
M/s. Reliable Amrutha Ganga Housing Developers
Authorised Officer, Indian Overseas Bank
The Manager, Indian Overseas Bank
A S BOPANNA
As recorded by the court registry
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