Writ petition sought direction to regularize a housing loan account and restrain possession. The petitioner failed to deposit even the interim amount ordered earlier; the court declined interference and disposed of the petition, leaving her free to pursue remedies available in law.
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NC: 2024:KHC:9791 WP No. 2109 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 2109 OF 2024 (GM-RES)
BETWEEN:
ZUBIDA W/O MOHAMMED TANVEER 47 YEARS RESIDING ZUBIDA HEAVEN 4TH FLOOR, 2ND MAIN RING ROAD, BR GARDEN BANGALORE - 560078
…PETITIONER
(BY SRI. N SURESHA, ADVOCATE)
AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. S LAKSHMINARAYANA, ADV. FOR R1)
NC: 2024:KHC:9791 WP No. 2109 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO REGULARIZE THE LOAN ACCOUNT AT ANNEXURE-C DT.10/01/2024.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court, on 22.01.2024 had passed the following
order:
Issue emergent notice to the respondents.
The respondents are restrained from taking possession of the property, subject to the petitioner depositing 20% of the outstanding amount, within six weeks, in the following manner:
1. The petitioner shall deposit 10% within three weeks from today.
2. Remainder 10% shall be paid within three weeks, thereafter.
3. Any deviation in paying the aforesaid amount within the time line as stipulated hereinabove, even of the first instance, would entail vacation of the interim order and would also run the risk of dismissal of the petition itself.
List the matter on 14.02.2024."
NC: 2024:KHC:9791 WP No. 2109 of 2024
assurance that the petitioner would comply with the order dated 22.01.2024. Till date, not even a rupee has been paid. Therefore, the petition would not merit any interference.
as is available in law, the writ petition stands disposed.
Sd/JUDGE
KG List No.: 1 Sl No.: 33
Zubida w/o Mohammed Tanveer
Piramal Capital and Housing Finance Ltd. (ex M/s. Dewan Housing Finance Corporation Ltd.)
Thanveer Mohammed alias Mohammed Tanveer
M.Nagaprasanna
As recorded by the court registry
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