IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.46687/2017 (GM-RES) & WRIT PETITION NOs.46958-46959/2017 (GM-RES) BETWEEN:
SMT. S. NIRMALA W/O. M. SRIHARSHA, AGED ABOUT 48 YEARS, RESIDENT OF NO.491, 12TH CROSS ROAD, PADMANABHANAGAR, BENGALURU-560 070, REPRESENTED BY HER SPECIAL POWER OF ATTORNEY HOLDER, SRI. L. K. MURTHY, S/O. LATE KEMPANNA, AGED ABOUT 54 YEARS, RESIDENT OF NO.527/33, 8TH CROSS, MATHIKERE MAIN ROAD, YESHWANTHAPURA, BENGALURU-560 022.
…PETITIONER (BY SRI K. GURUDHATTA, ADV. FOR SRI BALARAJ A C., ADV.) AND:
1. PUNJAB HOUSING FINANCE LIMITED BRANCH OFFICE, NO.5, MATHRUSHREE ARCADE, 100 FT RING ROAD, 1ST PHASE, 2ND STAGE, BTM LAYOUT, BENGALURU-560 076, REPRESENTED BY ITS BRANCH MANAGER.
2. SRI. P. K. VINOD KUMAR S/O. P.C. KRISHNAYYA, AGED ABOUT 31 YEARS, 3. SRI. P. K. ROHIT KUMAR S/O. P.C. KRISHNAYYA, AGED ABOUT 28 YEARS, RESPONDENT NOS.2 AND 3 ARE RESIDENTS OF NO.56, KITHAGANUR, K.R. PURAM POST, BENGALURU EAST TALUK, BENGALURU-560 036.
4. SRI. A. PREM KUMAR S/O. ANJINAPPA, AGED ABOUT 42 YEARS, 5. SRI. A. SRINIVAS MURTHY S/O. ANJINAPPA, AGED ABOUT 40 YEARS, RESPONDENT NOS.4 AND 5 ARE RESIDENTS OF NO.29, 1ST CROSS ROAD, S.S. ROAD, HEBBAL, CHOLANAYAKANAHALLI VILLAGE, BENGALURU-560 032.
… RESPONDENTS (BY SRI K V LOKESH., ADV. FOR R1 NOTICE TO R4 AND R5 IS SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE DTD:22.9.2017 ISSUED BY THE R-1 AND MARKED AS ANNEXURE-A; DIRECT R- 1 TO FORBEAR FROM INITIATING ANY PROCEEDINS AGAINST THE SCHEDULE PROPERTY BELONGING TO THE PETITIONER UNDER THE PROVISIONS OF SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002, FOR RECOVERY OF ALLEGED DUES OF R-2 & R-3 HEREIN ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri K. Gurudhatta, learned counsel for the petitioner.
Sri K.V.Lokesh, learned counsel for respondent No.1.
The petitions are admitted for hearing. With the consent of the parties, it is heard finally.
2. In these petitions, the petitioner inter alia has assailed the possession notice dated 22.09.2017, issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
3. When the matter is taken up today, learned counsel for the petitioner submitted that the petitioner is in possession of sites bearing Nos.26 to 28 and he is the owner of the said properties in question.
4. On the other hand, learned counsel for respondent No.1 submits that under the original possession notice at Annexure ‘A’, it is mentioned that only in respect of site No.57 the impugned possession notice has been issued and not site Nos.26 to 28.
5. The aforesaid submissions are taken on record.
6. In the facts and circumstances of the case, nothing survives for consideration in the present writ petitions. Accordingly, the writ petitions are disposed of.
Sd/- JUDGE nvj