Dismissed

M. Susheelamma W/O Late Subbaraju v. Chief Manager/ Authorised Officer

Karnataka HC12 Oct 2018WP/104438/2018

Case brief

AI extract

What is this about?

Petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India challenging possession actions by the respondent bank. The petitioners sought to withdraw the writ petition with liberty to approach the civil court.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to approach competent Civil Court.

M. Susheelamma W/O Late Subbaraju Vs Chief Manager/… — Banking and Recovery | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF OCTOBER, 2018

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BEFORE

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THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

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WRIT PETITION NO.104438/2018 (GM-RES)

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BETWEEN:

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M. SUSHEELAMMA W/O LATE SUBBARAJU, AGED ABOUT: 57 YEARS, OCC: PASTORAL/COOLIE, R/O: H.VEERANAGOUDA HOUSE, 14^TH WARD, HOUSING BOARD COLONY, SIRUGUPPA, DIST: BALLARI.

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M.GREESHMA KUMARI D/O CHITTIRAJU, AGED ABOUT: 20 YEARS, OCC: STUDENT, R/O: #205, 19^TH WARD, OPPOSITE DAMTY’S SHOP, SADASHIV NAGAR, SIRUGUPPA, PRESENTLY R/AT: C/O SOMARAJU, GARAGAPARRU VILALGE, BHEEMAVARAM TALUKA, DIST: WEST GODAVARI, ANDHRA PRADESH.

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...PETITIONERS

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(BY SRI.DAYANAND M BANDI, ADVOCATE)

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AND:

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CHIEF MANAGER/ AUTHORISED OFFICER, KARNATAKA BANK LTD., REGD & HEAD OFFICE AT:

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P.B. NO:599, MAHAVEERA CIRCLE, KANKANADY, MAGALURU.

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CHIEF MANAGER/ AUTHORISED OFFICER, KARNATAKA BANK LTD., ARMB, NEW COTTON MARKET, HUBBALLI-580 029.

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MANAGER, KARNATAKA BANK LTD., SIRUGUPPA BRANCH, I FLOOR, SRINIVAS TOURIST HOME, ADONI ROAD, SIRUGUPPA, DIST: BALLARI.

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CHITTIRAJU C/O. KARNAM SATHAYA NARAYAN RAO, DOOR NO.317 B, NARAYANPURAM VILLAGE, THUNGABADRA POST, MANTRALAYAM MANDALAM, DIST: KARNOOL-518 397, ANDHRA PRADESH. ...RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO TO DECLARE THAT THE ACTION OF THE RESPONDENTS NO.1 TO 3 IN PURSUANCE OF THE NOTICE NO.HO:LEGAL & REC:(SU)PF: 3953:OR 6776(2):2017-18 DATED:08.02.2018 ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-"E" AS AGAINST THE PETITION SCHEDULE PROPERTY IS ILLEGAL.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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Counsel for the petitioners files a memo which

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reads as follows:

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“The petitioners have filed this writ petition challenging all the actions initiated by the Respondent Bank in pursuance of the possession notice issued under SARFAESI Act on their property. Among various grounds urged in the writ petition, one of the grounds is that the respondent No.4 (the son of petitioner No.1 and father of petitioner No.2) in collusion with the bank authorities has played a fraud on petitioners and obtained the signature of petitioner No.1 as Guarantor to his loan and mortgaged the property of the petitioners. So the petitioners seek leave of this Hon’ble Court take all these contentions in Civil Court.

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So the petitioners seek leave of this Hon’ble Court to withdraw this writ petition with the liberty to approach the competent civil court to urge all the contentions taken in this writ petition in the interest of justice and equity.”

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The petitioners seek to withdraw the writ petition reserving liberty to approach the competent Civil Court to seek redressal as regards the impugned action.

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The petition is dismissed as withdrawn reserving liberty to the petitioners to agitate their rights before the appropriate forum in accordance with law as regards the impugned action.

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Sd/-

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JUDGE

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M. Susheelamma W/O Late Subbaraju v. Chief Manager/ Authorised Officer

Case brief

What is this about?

What did the court decide?

M. Susheelamma W/O Late Subbaraju v. Chief Manager/ Authorised Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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