IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.41217/2014 (GM-CPC ) BETWEEN:
Sri Kanthilal B Surana Jain, S/o Bhawarlal Surana Jain, Jain, Aged about 55 years, No.39,4th Cross, 14th Main, Hanumanthanagar, Bangalore-560 019.
… PETITIONER (By Sri S Gangadhara Aithal Adv.,) AND:
Sri Vinayaka Finance Corporation, Represented by its managing Partner, Sri Devaraja Gupta, Hindu, Aged about 67 years, No.120, 80 feet Road, Mysore Bank Colony, Bangalore-560 050. … RESPONDENT (By Sri V B Shivakumar, Adv., for C/Respondent) THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 15.7.2014 PASSED ON THE APPLICATION I.A.NO.3 IN F.D.P.NO.107 OF 2013 ON THE FILE OF THE COURT OF XXXI ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY (C.C.H.NO.14) WHICH IS HEREWITH PRODUCTED AND MARKED AS ANNX-D AND THEREBY DISMISSING THE SAID APPLICATION(I.A.NO.3) TO IMPLEAD THE PETITIONER.
THIS WRIT PETITION IS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner admittedly is the purchaser of the mortgaged property, having purchased the same on 29.05.2003. In view of the fact that the petitioner has purchased the property during the pendency of the suit, the Trial Court is right in allowing the application for impleading him.
I find no infirmity in passing the impugned order. Hence the petition is dismissed. However the petitioner is entitled to raise all such defences available to him and in law in the FDP proceedings.
Sd/- JUDGE NM