Dismissed¶29

Sri v. Thulasi Ram v Canara Bank

Karnataka HC2 Apr 2025WP/29190/2023

Case brief

AI extract

What is this about?

Karnataka HC writ petition (Art. 226, GM-RES) by V Thulasi Ram & Anr against Canara Bank Magadi Road II Branch / SARFAESI authorised officer; sought mandamus to X Additional Chief Metropolitan Magistrate, Bengaluru to accept Annexure-B in C.Misc.No.50231/2021 on 'actus curiae neminem gravabit' grounds; disposed via petitioners' counsel memo dated 16.11.2024; DISMISSED AS INFRUCTUOUS; no ruling on mandamus or actus curiae; procedural instance only, not citable authority.

What did the court decide?

Accepting the memo dated 16.11.2024 filed by the petitioners' counsel, the writ petition is dismissed as infructuous; the mandamus / actus curiae neminem gravabit question was not decided on merits. ¶29

Sri v Thulasi Ram Vs Canara Bank — Banking and Recovery | Karnataka HC (2025)

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1 - NC: 2025:KHC:13755 WP No. 29190 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29190 OF 2023 (GM-RES)

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BETWEEN:

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SRI V THULASI RAM S/O SRI VISHWANATH AGED ABOUT 52 YEARS R/AT HOUSE NO.3208 6TH MAIN ROAD, 13TH CROSS, HAL 2ND STAGE, INDIRA NAGAR BENGALURU-560008.

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SMT BHUVANESHWARI W/O SHRI THULASI RAM AGED ABOUT 44 YEARS RESIDENT OF HOUSE NO.3208

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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6TH MAIN ROAD, 13TH CROSS, HAL 2ND STAGE, INDIRA NAGAR BENGALURU-560008

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…PETITIONERS

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(BY SRI. X M JOSEPH.,ADVOCATE)

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AND:

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CANARA BANK MAGADI ROAD II BRANCH, NO.46, MAGADI MAIN ROAD,

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2 - NC: 2025:KHC:13755 WP No. 29190 of 2023

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BESIDE ANJAN CINEMAS, BENGALURU-560023 REPRESENTED BY ITS AUTHORISED OFFICER UNDER SARFAESI ACT, 2002

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…RESPONDENT

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(BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS TO DIRECT THE LEARNED X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU TO TAKE THE ANNEUXRE-B DATED NIL ON RECORDS OF C.MISC.50231/2021 IN C.MISC.NO.50231/2021 PENDING ON THE FILES OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, WHICH (ANNEXURE-B) THE LEARNED JUDGE HAS RECEIVED ON 15-12-2023 BUT REFUSED TO TAKE ON RECORD FOR PASSING APPROPRIATE ORDERS THEREON, SO AS TO COMPLY WITH THE PRINCIPLES OF "ACTUS CURIAE NEMINEM GRAVABIT" WHICH IS BASED ON EQUITY REPEATEDLY EMPHASISED BY THE HON'BLE SUPREME COURT AS INCLUDING ACTS WHICH COURTS WOULD NOT DO WHEN CORRECTLY APPRISED OF FACTS AND THE LAW. B. ISSUE ANY OTHER ORDER AS DEEM FIT AND PROPER AND ALLOW THIS WRIT PETITION WITH COSTS.

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioners are before this Court seeking for the following reliefs:

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3 - NC: 2025:KHC:13755 WP No. 29190 of 2023

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" A. Issue a writ of mandamus to direct the learned X Additional Chief Metropolitan Magistrate, Bengaluru to take the Annexure-B dated nil on records of C.Misc.50231/2021 in C.Misc.No.50231/2021 pending on the files of the X Additional Chief Metropolitan Magistrate, Bengaluru, which (Annexure-B) the learned Judge has received on 15-12-2023 but refused to take on record for passing appropriate orders thereon, so as to comply with the principles of "actus curiae neminem gravabit" which is based on equity repeatedly emphasised by the Hon'ble Supreme Court as including acts which Courts would not do when correctly apprised of facts and the law.

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B. Issue any other order as deem fit and proper and allow this writ petition with costs."

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