IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5993 OF 2018 (GM-RES) BETWEEN:
SRI. PUTTASWAMY GOWDA S/O DESI GOWDA AGED ABOUT 66 YEARS R/AT NO.21/A, 2ND FLOOR HANUMAN LAYOUT LAKESHORE GARDEN THINDLU, VIDYARANYAPURA POST, BANGALORE 560097 (By MR.N SURESHA, ADV.(ABSENT)) AND:
1. CANARA BANK BAGALUR BRANCH BANGALORE 562149 REPRESENTED BY ITS AUTHORISED OFFICER 2. MR PRASHANTH H P S/O PUTTASWAMY H D AGED ABOUT 44 YEARS R/AT NO.21/A, 1ST FLOOR HANUMAN LAYOUT LAKESHORE GARDEN THINDLU, VIDYARANYAPURA POST, BANGALORE 560097 (R1 & R2 SERVED AND UNREPRESENTED) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES, AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the respondent No.1 not to take physical possession of the writ petition scheduled properties.
4. In view of the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned therein, the petitioner has a remedy of filing an application under Section 17 of the Act.
5. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avails of the remedy provided to him under Section 17 of the Act within three weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963, to the petitioner and shall decide the application. It is made clear that this Court has not expressed any opinion on merits.
Sd/- JUDGE RV