IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.42196 OF 2015 (GM-DRT) BETWEEN:
Mrs. K.N. Ganga Lakshmamma W/o K Nagarajaiah, Aged 48 years, 83/2, 2nd Main road, 2nd Cross, Thimmanahalli Govindarajanagar, Kempapaura agrahara, Vijayanagar, Bengaluru – 560040. ... Petitioner (By Sri Parthasarathy R, advocate) And:
1. ICICI Bank Limited Rep. by its Authorised Officer, DSMG Home loans, No.4/10, Mythree Centre, Hosur Road, Bommanahalli, Bengaluru – 560068.
2. U B Ravindra Rao S/o U B Ananda Rao, Aged 39 years, R/o No.1090, 4th Main Road, M C Layout, Vijayanagar Bengaluru - 560 040.
3. K R Chaitra w/o U B Ravindra rao, Aged 35 years, R/o No.1090, 4th Main Road, M C Layout, Vijayanagar, Bengaluru - 560 040. ...Respondents (By Sri V Suresha, Advocate for R-1 Notice to R2 and R3 is held sufficient v/o. Dated 30.05.2016) This Writ Petition is filed under Article 227 of the Constitution of India, praying to quash & set aside the impugned order passed by the Hon'ble Debts Recovery Tribunal, Karnataka Bengaluru in S.A.No.278/2013 dtd.3.9.2015 vide Annx-J and etc., This writ petition coming on for Orders this day, the court made the following:
O R D E R This writ petition is directed against the order dated 03.09.2015, passed by the Debts Recovery Tribunal, Karnataka, Bengaluru in S.A.No.278/2013.
2. The petitioner has filed a memo dated 18.02.2019, stating that he has settled the entire loan amount of Rs.11,62,800/- and the same is not disputed by the respondent No.1-Bank. Hence, the writ petition does not survive for consideration.
3. At this stage, learned counsel for the petitioner submits that a direction may be issued to return the original documents pertaining to the property which was mortgaged by the petitioner with respondent No.1 – Bank.
4. The memo and the submissions of the learned counsel for the petitioner are placed on record.
5. Accordingly, writ petition is disposed of, reserving liberty to the petitioner to submit a representation to the bank forthwith. Respondent No.1 – Bank shall consider the representation and do the needful within four weeks from then.
Sd/- JUDGE HA/-