Disposed

Sri.B.v.Ravikumar v. Bruhat Bengaluru Mahanagara Palike

Karnataka HC9 Sept 2022WP/2608/2022

Case brief

AI extract

What is this about?

Court disposed of mixed writ petition. Parties agreed that title documents be handed over to pending O.S., allowing petitioner to pull down existing building for new construction without creating encumbrances without trial court's leave.

What did the court decide?

Petitioner allowed to demolish and reconstruct new building, subject to no encumbrances created without trial court leave. Title documents to be handed over to trial court.

Sri.B.v.Ravikumar Vs Bruhat Bengaluru Mahanagara Palike — Property and Title | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.2608 OF 2022 (LB-BMP)

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BETWEEN:

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SRI.B.V. RAVIKUMAR, S/O LATE B.K. VASUDEVA RAO, AGED ABOUT 62 YEARS, RESIDING AT FLAT NO.301, VSPL CRESENT, THIRD FLOOR, RAILWAY PARCEL ROAD, NEXT TO SHELL PETROL BUNK, YESHWANTHPUR, BENGALURU – 560 022.

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…PETITIONER

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(BY SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI.MADHUKAR M DESHPANDE, ADVOCATE)

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AND:

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BRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, N.R. SQUARE, BENGALURU – 560 002. REPRESENTED BY ITS COMMISSIONER.

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THE ASSISTANT EXECUTIVE ENGINEER, BYATARAYANAPURA SUB-DIVISION, B.B.M.P, BENGALURU – 560 024.

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SRI.S. MURALI, S/O SRI. K.N. SRINIVASA MURTHY, AGED ABOUT 30 YEARS, RESIDING AT NO.19, 14^TH CROSS, 1^ST BLOCK, RAJAJINAGAR, BENGALURU – 560 010.

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SMT. A. ANUSUYA, W/O SRI. S. MURALI,

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AGED MAJOR, RESIDING AT NO.19, 14^TH CROSS, 1^ST BLOCK, RAJAJINAGAR, BENGALURU – 560 010.

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SMT.JYOTHI D, W/O LATE D. YOGESHWAR VARMA, AGED ABOUT 50 YEARS, R/AT FLAT NO.A-326, 3^RD FLOOR, SVS PATEL’S CALLISTO APARTMENT, S. NO.13, TALACAUVERY ALYOUT, AMRUTHAHALLI, BYATRAYANAPURA, BENGALURU – 560 092.

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SRI.KARTHIKESHWAR VARMA D, S/O LATE D. YOGESHWAR VARMA, AGED ABOUT 28 YEARS, R/AT FLAT NO.A-326, 3^RD FLOOR, SVS PATEL’S CALLISTO APARTMENT, S. NO.13, TALACAUVERY LAYOUT, AMRUTHAHALLI, BYATRAYANAPURA, BENGALURU – 560 092.

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SRI.MUKESHWAR VARMA D, S/O LATE D. YOGESHWAR VARMA, AGED ABOUT 23 YEARS, R/AT FLAT NO.A-326, 3^RD FLOOR, SVS PATEL’S CALLISTO APARTMENT, S. NO.13, TALACAUVERY LAYOUT, AMRUTHAHALLI, BYATRAYANAPURA, BENGALURU – 560 092.

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THE KARNATAKA BANK LIMITED, A BANKING COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT,1913, HAVING BRANCH OFFICE AT 963, 5A-C, BANASWADI,OUTER RING ROAD, H.R.B.R. LAYOUT, BLOCK-I, KALYANA NAGAR, BENGALURU – 560 043. REPRESENTED BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI.V.G. BHANUPRAKASH, ADVOCATE FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE DATED 30.10.2021 ISSUED BY THE R2 AND R3(ANNEXURE-E) AND ETC.,

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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Both the sides having argued the matter for sometime, now graciously agree with the proposal of court that all the documents of title held by bank in question shall

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be handed to the court in which O.S.No.7247/2019 is pending, subject to outcome of the said suit; petitioner can pull down the building in question and undertake new construction, in accordance with law. However, in respect of the site, the existing building or the building yet to be put up, no encumbrance shall be created wholly or in part without the leave of the trial court.

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Ordered accordingly & Writ Petition is disposed off, keeping open all contentions of the parties.

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Costs made easy.

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Sd/JUDGE

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cbc

Sri.B.v.Ravikumar v. Bruhat Bengaluru Mahanagara Palike

Case brief

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Sri.B.v.Ravikumar v. Bruhat Bengaluru Mahanagara Palike

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