Dismissed

Mrs. Ida L Dsouza v. the State of Karnataka

Karnataka HC6 Dec 2023WP/4403/2023

Case brief

AI extract

What is this about?

Writ petition challenging an auction notice was dismissed as infructuous because the date for auction had elapsed. Court noted non-compliance by petitioners with interim stay conditions regarding security deposit but did not entertain fresh enforcement steps.

What did the court decide?

The petition was dismissed as having been rendered infructuous due to the elapsing of the auction date.

Mrs. Ida L Dsouza Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2023)

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1 - NC: 2023:KHC:44129 WP No. 4403 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 4403 OF 2023 (CS-RES)

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BETWEEN:

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MRS. IDA L D'SOUZA, W/O, LATE WILLIAM D'SOUZA, AGED ABOUT 64 YEARS, DOOR NO.23-19/1/WILDIA COTTAGE, 3RD CROSS, KAPIKAD, ULLAL - 575 020, MANGALURU TALUK.

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MR. RAVI M D'SOUZA, W/O, MR. PEDRIC D'SOUZA, AGED ABOUT 51 YEARS, DOOR NO.4-103, ADAM KUDRU, JEPPINA MOGARU, PERMANNUR, MANGALURU - 575 017.

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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(BY SRI. SHASHIKANTH PRASAD, ADVOCATE)

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AND:

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…PETITIONERS

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THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATIVE SOCIETY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

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RECOVERY OFFICE AND REGISTRAR OF CO-OPERATIVE SOCIETY,

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2 - NC: 2023:KHC:44129 WP No. 4403 of 2023

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NI-441, KA. RA/SOW. SUM. SA. NI. BENGALURU - 560 001, REPRESENTED BY RECOVERY OFFICER.

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ODIYOORU SHREE VIVIDHODDESHA SOWHARDA SAHAKARI NIYMITHA, HEAD OFFICE BHAGAVATHI COMPLEX, PUMP WELL, MANGALURU - 575 002, REPRESENTED BY BRANCH MANAGER.

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MR. M. C. SHETTY, S/O. MR. M. S. SHETTY, SHETTY NILAYA, M. H. GARDEN, PANDESHWARA - 575 001, MANGALURU - 575 001.

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MR. PRADEEP KUMAR, J. S/O. LATE PADMAPPA SALIYAN, DOOR NO.23-2-126, CASIA CHURCH, JEPPU, MANGALURU - 575 002.

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…RESPONDENTS

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(BY SRI. SIDDHARATH BABU RAO, AGA R1 AND R2; SRI. A. DEVARAJ, ADVOCATE FOR R3;

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SRI. K. CHANDRANATH ADIGA, ADVOCATE FOR R5)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE IN FORM NO.8 AND 9 IN E.P.NO. KA.RA.SOW.SUM.SA.NI/VA AA/1111/2021-22 DATED 24/01/2023 FOR AUCTION TO BE HELD ON 27/02/2023 (ANNEXURE-A AND B) AND ETC.,

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

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3 - NC: 2023:KHC:44129 WP No. 4403 of 2023

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ORDER

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Learned counsel for respondent No.3 has filed a memo, placing on record that the condition imposed in Interim Order dated 24.02.2023 has not been complied with.

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It is forthcoming that this Court vide order dated 24.02.2023 had granted Interim Stay subject to the petitioners depositing to a sum of Rs.15,00,000/- within six weeks.

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The present Writ Petition is filed challenging the auction notice dated 24.01.2023 fixing the date of auction as 27.02.2023. In view of the fact that the said date has elapsed, the above petition is dismissed as having been rendered infructuous.

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It is made clear that respondent No.3 is at liberty to take such steps as contemplated under law against the petitioners for recovery of amounts, if any.

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List No.: 1 Sl No.: 58

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Sd/JUDGE

Mrs. Ida L Dsouza v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mrs. Ida L Dsouza v. the State of Karnataka

Case brief

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