The High Court of Karnataka disposed of Writ Petition No. 855 of 2023 seeking to quash a sale notice on account of an out-of-court settlement between the parties.
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: 2024:KHC:9849 WP No. 855 of 2023
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. 855 OF 2023 (GM-RES)
BETWEEN:
W/O T.BHASKAR NAIDU AGED ABOUT 55 YEARS.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
RESIDING AT: NO.62, 7TH CROSS, 3RD MAIN ROAD, VISVESWARAIAHNAGAR, BSK III STAGE, BENGALURU – 560 085.
…PETITIONERS
(BY SMT. KAVITHA D., ADVOCATE)
AND:
M/S. ASHOKNAGAR CO-OPERATIVE BANK LTD., (A CO-OPERATIVE SOCIETY REGISTERED UNDER’ KARNATKA CO-OPERATIVE SOCIETIES ACT) NO.1380/B, 6TH CROSS, ASHOKANAGAR, BSK 1ST STAGE, 2ND BLOCK,
NC: 2024:KHC:9849 WP No. 855 of 2023
BENGALURU – 560 050 REPRESENTED BY ITS AUTHORIZED OFFICER.
…RESPONDENT
(BY SRI LOKESH K.V., ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 26.12.2022 VIDE ANNEXURE -K AND DECLARING THE SAME AS NULL AND VOID; THE RESPONDENT BANK TO RESTORE THE POSSESSION OF THE OTHER THREE HOUSES OUT OF FIVE AND DIRECT THE RESPONDENT BANK TO COMPENSATE FOR THE MENTAL AGONY CAUSED BY THE RESPONDENT BANK AS PER ANNEXURE-C, ORDER DTD 4.2.2022 IN CRL.MIS.1785/2021 BEFORE II ACMM, BENGALURU AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners files a memo seeking permission to withdraw the petition on the score that the parties to the lis have settled the dispute amicably.
“The undersigned council for the petitioner most respectfully submits that before this Hon’ble court in the above said matter is settled out of the court and the respondent bank given discharge note to the petitioner on 26-02-2024 stating that loan amount was cleared by the petitioner under OTS hence this memo discharge note herewith producing the same is may be taken on record in the interest of justice and equity.”
NC: 2024:KHC:9849 WP No. 855 of 2023
In terms of the memo, the writ petition is disposed as
withdrawn.
Sd/JUDGE
NVJ List No.: 4 Sl No.: 5
Mr. T. Bhaskar Naidu
Smt. Jayamma
M/s. Ashoknagar Co-operative Bank Ltd.
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
