IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.1139 OF 2015 (GM-RES) BETWEEN:
Smt. Ramya .S W/o Siva Kumar, Aged about 35 years, Residing at No.51, Ground Floor, Shivamandir, 2nd Cross, Shiva Temple, Udayanagar, Dooravani Nagar Post, Bengaluru – 560 016. ... Petitioner (By Smt. Veena Bhat Advocate for Sri. N. Suresha, Advocate) AND:
1. Andhra Bank Gandhi Nagar Branch, Bengaluru – 560 009. Represented by Authorized Officer.
2. Palani .S S/o Sundar Raj, Aged about 42 years, R/at No.51, 2nd Cross, Near Shivamandir, Udayanagar, Dooravani Nagar Post, Bengaluru – 560 016.
3. M. Latha @ Vijayalakshmi W/o S. Palani, Aged about 35 years, R/at No.51, 2nd Cross, Near Shivamandir, Udayanagar, Dooravani Nagar Post, Bengaluru – 560 016.
4. M. Malayadri S/o Pichha Reddy, Aged about 45 years, R/at No.62, A.B. Narayana Pura, Bengaluru – 560 016.
5. R. Ravichandra S/o V. Ranga Swamy, Aged about 50 years, R/at No.107/B, 19th Cross, Lakshmipuram, Ulsoor, Bengaluru – 560 008.
6. C. Pushpavalli W/o Chinna Kulandai, Aged about 40 years, R/at No.681, Shivamandir, 2nd Cross, Udayanagar, (Near Shiv Temple), Bengaluru – 560 016. …Respondents (By Sri T.P. Muthanna, Advocate for R-1, R-2, R-3 & R-6 are served but unrepresented Vide order dated 14.09.2016 R-4 & R-5 dismissed) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct respondent No.2 not to take physical possession of the writ petition scheduled property and etc., This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R The petitioner is before this Court seeking protection and possession of schedule property.
2. Respondent No. 1 – Bank had initiated action under the provisions of the SARFAESI Act to take possession of the property. Since the petitioner claims to be a lessee in respect of the property, this Court through the interim order dated 13.12.2015 had stayed the dispossession of the petitioner.
3. Though the respondents have filed their objection statement and application for vacating stay and disputed the claim of the petitioner, the issues relating to tenancy and lease-hold rights are also to be decided in an appeal filed under Section 17(4A) of the SARFAESI Act before the Debt Recovery Tribunal (for short ‘the DRT’), the petitioner is required to be relegated to the remedy of appeal. However, since this Court had granted the interim order, such protection is required to be granted to the petitioner till the appeal is taken up for consideration by the DRT.
4. This is however subject to the condition that the petitioner shall file such appeal before the DRT within four weeks from this date.
Accordingly, writ petition is disposed of.
Registry to return the writ papers if any, sought for by the petitioner, forthwith.
[ Sd/- JUDGE MBM