The High Court of Karnataka disposed of a writ petition filed by borrowers who sold mortgaged property. The Court rejected the petition, reserving liberty to approach the appropriate forum.
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NC: 2024:KHC:5017 WP No. 2474 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 2474 OF 2024 (GM-RES)
BETWEEN:
PETITIONER NO.1 AND 2 ARE R/AT FLAT NO 402, 'A.J MUNEERA ENCLAVE' NO.59, 1ST CROSS, SIDDARAMAPPA GARDEN ST.THOMAS TOWN POST, LINGARAJAPURAM, BENGALURU - 560084
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. SYED AKBAR PASHA, ADVOCATE)
NC: 2024:KHC:5017 WP No. 2474 of 2024
AND:
THE JAMMU AND KASHMIR BANK LIMITED HAVING ITS REGISTERED OFFICE AT: MAULANA AZAD ROAD, SRINAGAR - 190001 AND BUSINESS UNIT AMONGST OTHER PLACES AT: FRAZER TOWN BRANCH, GROUND FLOOR, GOLD SIGNATURE, # 95, MOSQUE ROAD, FRAZER TOWN, BENGALURU - 560005 REPT. BY ITS AUTHORIZED OFFICER
…RESPONDENT
(BY SRI. M MOHAMED IBRAHIM, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECT THE RESPONDENT TO CONSIDER THE PETITIONERS REPRESENTATION DATED 03/01/2024 WHICH HAS BEEN PRODUCED AS ANNEXURE-H. b) DIRECT THE RESPONDENT TO STOP RESTORE / HANDOVER OF THE PHYSICAL POSSESSION OF THE 12 FLATS AND 1 PENTHOUSE CONSTRUCTED ON THE SCHEDULED PROPERTY TO THE PURCHASERS. c) DIRECT THE RESPONDENT TO HANDOVER THE ORIGINAL TITLE DOCUMENTS OF THE SCHEDULE PROPERTY TO THE PETITIONERS UPON PAYMENT OF OUTSTANDING LOAN AMOUNT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court seeking the following prayer:
NC: 2024:KHC:5017 WP No. 2474 of 2024
NC: 2024:KHC:5017 WP No. 2474 of 2024
purchasers by selling the property, which was already mortgaged to the Bank. Be those submissions as they are.
The petitioners are before this Court seeking the following prayer:
"a) Issue Writ of Certiorari or any appropriate writ or order to quash Impugned Order dated 23/09/2022 passed in C.Misc.No.50416/2022 by the learned XI Additional Chief Metropolitan Magistrate, Bangalore in respect of Schedule 'B' to 'G' Properties which has been produced as ANNEXURE-F;
b) Issue a writ in the nature of mandamus and direct the Respondent No.1 to release charge and issue NOC in respect of Schedule 'B' to 'G' Properties by receiving mortgage loan due as per Petitioners undivided share in the Schedule 'A' Property and restore/handover the physical possession of the schedule 'B' to 'G' Properties to the Petitioners;
c) to pass any such order or direction as deems fit under the facts and circumstances of the case in the interest of justice and equity."
2. This Court had issued notice to the respondents. The learned counsel appearing for respondent No.1, Sri. Mohammed Ibrahim would submit that the petitioners are purchasers from the hands of the borrower, who has sold the property after it having been mortgaged to the Jammu and Kashmir Bank Limited, the respondent.
NC: 2024:KHC:5017 WP No. 2474 of 2024
3. In the light of the issue being thus, the remedy for the petitioners would lie only before the Debt Recovery Tribunal.
4. It is open for the petitioners to approach the Tribunal for redressal of their grievances.
5. It is needless to observe that the Debt Recovery Tribunal would consider the application filed by the petitioners in a manner known to law and pass appropriate orders in accordance with law.
With the aforesaid observations, the petition stands disposed. "
is now wanting to knock at the doors of this Court seeking protection.
However, reserving liberty to the petitioners to knock at the doors of the appropriate fora , the petition stands disposed.
Sd/JUDGE
KG
List No.: 1 Sl No.: 26
1 issue framed by the court
Whether this Court should intervene when petitioners selling mortgaged property to purchasers approach for restoration of possession.
Colour shows how this judgement treated each authority
W.P.No.21572/2022Referred¶38
Sri Ajmal Shaik and Others
The Jammu and Kashmir Bank Limited
M.Nagaprasanna
As recorded by the court registry
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