Dismissed

Sri. Parashram S/O Ramsingh Bilwar v. Union Bank of India

Karnataka HC17 Jul 2023WP/103556/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka Bench Dharwad dismissed a writ petition challenging an order in execution proceedings. The petitioner sought to set aside the lower court order. However, by the time of the hearing, the respondent bank had sold the property via e-auction and taken possession, leading the court to find the petition no longer viable as a matter of justice.

What did the court decide?

The writ petition was dismissed as it would not survive for consideration due to possession being taken and sale certificate issued.

Sri. Parashram S/O Ramsingh Bilwar Vs Union Bank of… — Banking and Recovery | Karnataka HC (2023)

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NC: 2023:KHC-D:7285 WP No. 103556 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 103556 OF 2023 (GM-RES)

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BETWEEN:

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SRI PARASHRAM S/O. RAMSINGH BILWAR, AGED ABOUT 52 YEARS, OCC: BANK EMPLOYEE, R/O: PL NO. 3312 CTS NO. 4110, RAMTEERTH NAGAR, KANABARGI, BELAGAVI-590015.

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…PETITIONER

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(BY SRI RAM P. GHORPHADE, ADVOCATE)

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AND:

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UNION BANK OF INDIA, R/BY ITS AUTHORIZED OFFICER, SRI SURESH DAMODAR PAI, R.P.D. COLLEGE COMPOUND, TILAKWADI, DIST: BELAGAVI-590006.

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VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI MKANKUPPI Location: High Court of Karnataka, Dharwad

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MS. VITATHAI W/O. PARASHRAM BILWAR, AGED ABOUT 48 YEARS, OCC: HOUSE WIFE, R/O: PL.NO. 3312, CTS NO. 4110, RAMTEERTH NAGAR, KANABARGI, BELAGAVI-590015.

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…RESPONDENTS

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(BY SRI GIRISH S. HULMANI, ADVOCATE FOR R1; NOTICE TO RESPONDENT NO.2 IS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO SET-ASIDE THE ORDER DATED 17.04.2023 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CHIEF JUDICIAL

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NC: 2023:KHC-D:7285 WP No. 103556 of 2023

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MAGISTRATE, BELAGAVI IN CRI.MISC.NO.16/2023 PRODUCED AT ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY.

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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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Heard learned counsel for the petitioner as well as

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learned counsel for respondent No.1.

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2. Learned counsel for respondent No.1 has filed a

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memo. The memo reads as under;

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"It is submitted that the petitioner herein is challenge the order passed by the Prl Senior Civil Judge and CJM, Belagavi in Crl Misc No.16/2023 dtd 17/04/2023 and in the meantime the Resp No.1 bank has sold the scheduled property in e-auction and issued sale certificate on 15/03/2023 and same was registered before the Sub-registrar Belagavi on 10/04/2023 vide doc No.BEL-1-00077/2023-24.

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It is submitted thereafter the Resp No.1 bank in compliance to the order passed by Prl Senior Civil Judge and CJM, Belagavi in Crl Misc No.16/2023 dtd 17/04/2023 has taken physical possession of the mortgaged property on 06/06/2023 and photographs to that effect are herewith produced as doct No.1 and 2 for the kind perusal of this Hon'ble Court.

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It is further submitted that this Hon'ble Court may kindly be pleased to take this memo and documents on records and pass appropriate orders, in the interest of justice and equity.

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3 - NC: 2023:KHC-D:7285 WP No. 103556 of 2023

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Hence this memo."

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It is seen that in compliance of the order

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passed by Prl. Senior Civil Judge and CJM, Belagavi in Crl.Misc.No.16/2023, vide Annexure-D dated 17.04.2023, respondent No.1 has taken possession of the mortgaged property on 06.06.2023. It is also submitted that the property has been sold in e-auction and sale certificate has been registered on 10.04.2023 before the Sub-Registrar, Belagavi. Under these circumstances, nothing survives in this writ petition. Accordingly, I proceed to pass the following:

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ORDER

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The writ petition is dismissed as it would not survive

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for consideration in any manner in view of possession having already been taken and sale certificate having been issued.

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Sd/JUDGE

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List No.: 1 Sl No.: 2

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Sri. Parashram S/O Ramsingh Bilwar v. Union Bank of India

Case brief

What is this about?

What did the court decide?

Sri. Parashram S/O Ramsingh Bilwar v. Union Bank of India

Case brief

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