IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.20338 OF 2017 AND 21936 OF 2017 (GM-RES) BETWEEN:
1. MR AFSAR PASHA S/O LATE IBRAHIM SAB, AGED ABOUT 51 YEARS, RESIDING AT NO.435, DARGAH, KOLAR TOWN, KOLAR-563101 KARNATAKA 2. PRAVEEN BANU W/O AFSAR PASHA, AGED ABOUT 45 YEARS, RESIDING AT NO.435 DARGAH, KOLAR TOWN, KOLAR-563101, KARNATAKA. … PETITIONERS (By MR. SYED UMMER, ADV.) AND:
1. CHIEF MANAGER SUNDARAM BNP PARIBAS HONE FINANCE # 1941 NEW NO.19, 2ND FLOOR 9TH BLOCK, 28TH MAIN, SOUTH END B MAIN ROAD, JAYANAGAR, BANGALORE-560069.
2. AUTHORISED OFFICER SUNDARAM BNP PARIBAS HONE FINACE # 1941 NEW NO.19, 2ND FLOOR 9TH BLOCK, 28TH MAIN, SOUTH END B MAIN ROAD, JAYANAGAR, BANGALORE-560069. … RESPONDENTS (By SMT R RADHA, ADV. FOR R-1 & 2) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO 2 TO HANDOVER THE ORIGINAL DOCUMENTS PERTAINING TO THE PROPERTY BEARING HOUSE LIST NO.2236, NAGARASABA KHATA NO.88, ASSESSMENT NO.97, SITUATED AT DARGAH MOHALLA, WARD NO.17, 3RD DIVISION, KOLAR TOWN, KOLAR MEASURING EAST TO WEST 22 FEET AND NORTH TO SOUTH 51 FEET, IN ALL MEASURING 1122 SQ.FT ALONG WITH 1060 SQ.FT DUPLEX HOUSE AND BOUNDED ON EAST BY:NAGARASABA ROAD AND SOUTH BY:SAB JAN AND SATTAR SAB BY RECEIVING THE AMOUNT OF RS.26,71,000/-, AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In these petitions, the petitioners inter alia seek for a direction to the respondent Nos.1 and 2 to handover the original documents pertaining the property in question.
2. After hearing the learned counsel for the parties and in view of the facts of the case, I deem it appropriate to dispose of the petitions with liberty to the petitioners to make a representation with regard to their grievance. Needless to state that if such a representation is made, the competent authority shall decide the same within four months from the date of receipt of such representation by a speaking order in accordance with law. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV