Petitioners challenged sale notices regarding their properties in a writ petition. The court disposed of the petition as infructuous since the auction date had already passed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:43829 WP No. 5615 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 5615 OF 2021 (CS-RES)
BETWEEN:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
BOTH ARE RESIDING AT: NO #1 -1557, SWAMY COMPOUND, NEHARU NAGARA, KABAKA VILLAGE PUTTUR TALUK, D K DISTRICT - 574220.
…PETITIONERS
(BY SRI. PRASANNA V R.,ADVOCATE)
AND:
MANGALURU, D K DISTRICT - 575001.
…RESPONDENTS
(BY SRI. SIDDHARATH BABURAO, AGA FOR R1 AND R2; SRI. G. BALAKRISHNA SHASTARY, ADVOCATE FOR R3; R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCLAMATION OF SALE AND SALE NOTICE DTD.15.2.2021 ISSUED BY THE R-2 RECOVERY OFFICER CUM ASST. REGISTRAR OF CO-OP SOCIETIES MANGALURU ORIGINAL THEREOF ISSUED TO THE PETITIONERS ARE PRODUCED AT ANNEXURE - A AND A1 RESPECTIVELY AND ETC,.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the Petitioners is present.
dated 15.02.2021, fixing the date of auction as 24.03.2021.
This Court vide order dated 23.03.2021 has granted interim stay subject to the Petitioners depositing a sum of Rs.2,00,000/-.
Sd/JUDGE
PNV List No.: 1 Sl No.: 1 THM
SRI SUBRAHMANYA P. K
SMT GUNA JYOTHI
THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
THE RECOVERY OFFICER CUM ASST REGISTRAR OF CO OP SOCIETIES
VITTAL GRAMEENA SAHAKARA BANK NIYAMITHA
SRI BABU SAPALYA K
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
