IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.18048 OF 2014 (GM-RES) Between:
Dr. B. Arun Kumar S/o Late M. Basappa Aged 61 years Residing at No.19/5 1st Main, 1st Cross Jayamahal Extension Bangalore-560 046. …Petitioner (By Sri N. Ravindranath Kamath, Advocate) And:
1. Punjab National Bank Represented by its Authorized Officer Assets Recovery Branch No.26 and 27 Raheja Towers 1st Floor, M.G. Road Bangalore-560 001.
2. B.L. Muniyappa S/o Late Lakshmaiah Aged about 82 years Residing at No.1228 17th Cross, 18th Main Road 289, 1st stage, 1st phase B.T.M. Layout 7th Main, L.S. Extension Bangalore-29.
3. M. Vijayakumar S/o. B.L. Muniyappa age 45 years Residing at No.1228 17th Cross, 18th Main Road 289, 1st stage, 1st Phase B.T.M. Layout 7th Main, L.S. Extension Bangalore-29. …Respondents (By Sri K.V. Satish, Advocate for R1 Sri N. Suresha, Advocate for R3 R2 is served but unrepresented) This Writ Petition is filed under Article 226 of the Constitution of India praying to direct the R-1 not taking possession of petition schedule property and etc.
This Writ Petition coming on for Preliminary Hearing ‘B’ Group this day, the Court made the following:
O R D E R The learned counsel for petitioner has filed a memo dated 06.02.2019 seeking liberty to the petitioner to file appeal before the Debts Recovery Tribunal. The memo is placed on record.
2. Accordingly, writ petition is disposed of reserving a liberty to the petitioner to approach the appropriate legal forum, if law permits.
3. Interim order passed by this Court dated 11.4.2014 will be continued for a further period of four weeks.
4. All contentions of the parties are left open.
Sd/-
JUDGE SSD