Writ petition filed by legal representatives of a deceased person challenging an order. Court noted that the matter had settled and directed that possession of security properties be issued to petitioners.
Direction to issue possession of security properties to the petitioners.
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NC: 2023:KHC:22842 WP No. 1876 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO.1876 OF 2023 (GM-RES)
BETWEEN:
MR. RAMESH V SINCE DECEASED, REPRESENTED BY LEGAL REPRESENTATIVES:
BOTH ARE RESIDING AT NO.366 2ND MAIN, 5TH CROSS BSK 1ST STAGE, SRINIVASA NAGAR BENGALURU-560 050.
…PETITIONERS
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
(BY SRI A. S. NANJUNDAPPA, ADVOCATE)
AND:
THE AUTHORISED OFFICER THE BENGALURU CITY CO-OPERATIVE BANK LTD. NO.3, PAMPAMAHAKAVI ROAD CHAMARAJPET BENGALURU-560 018.
…RESPONDENT
(BY SRI K. V. LOKESH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ILLEGAL ORDER DATED 17-12-2022, ANNEXURE-F IN CRL. MISC. NO.7328/2022 PASSED BY THE HONBLE 24TH A.C.M.M., WITHOUT JURIDICTION, AUTHORITY AND POWER UNDER THE MANDATORY PROVISION LISTED UNDER SECTION 14(1) OF AFFIDAVIT CLAUSES (i) TO (ix), WITHOUT PURSUING, VERIFYING THE CONTENTS OF THE AFFIDAVIT, IS UNSUSTAINABLE IN THE EYE OF LAW AND AS SUCH IT SHOULD BE TREATED AS A NULLITY.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Learned counsel for the respondent-Bank submits
that the matter having settled, the possession of the security properties is required to be issued to the petitioners and nothing survives for adjudication.
Ordered accordingly.
Writ petition is disposed off .
Sd/JUDGE
KVK
List No.: 1 Sl No.: 10
MRS. SARASWATHI W/O. LATE RAMESH V
VINAY R S/O. LATE RAMESH V
THE AUTHORISED OFFICER THE BENGALURU CITY CO-OPERATIVE BANK LTD.
Krishna S Dixit
As recorded by the court registry
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