IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE B.VEERAPPA WRIT PETITION No.33840/2015 (GM – RES) BETWEEN:
SRI RAJU BALANI S/O SRI BALANI AGED ABOUT 45 YEARS R/AT FLAT NO.1/5, I FLOOR, DADLANIS APARTMENTS, SUNDARAMURTHY ROAD, COX TOWN, BENGALURU-560005 …PETITIONER (BY Ms. T.N.RASHMI, ADV.) AND:
1. SRI CHETANDAS MAHBUBANI S/O LATE GULIRAM MAHBUBANI AGED ABOUT 71 YEARS R/AT NO.102, I FLOOR, ELEGANT IRIS APARTMENTS, SUNDARMURTHY ROAD, COX TOWN, BENGALURU-560005 2. SRI DEEPAK C. MAHBUBANI S/O LATE CHETANDAS MAHBUBANI AGED ABOUT 42 YEARS R/AT NO.102, I FLOOR, ELEGANT IRIS APARTMENTS, SUNDARAMURTHY ROAD, COX TOWN, BENGALURU-560005 3. SRI VINOD C. MAHBUBANI S/O SRI CHETANDAS MAHBUBANI AGED ABOUT 40 YEARS NO.102, I FLOOR, ELGEANT IRIS APARTMENTS, SUNDARAMURTHY ROAD, COX TOWN, BENGALURU-560005 4. THE MANAGER M/s KOTAK MAHINDRA BANK LTD., HOME FINANCE, REISTRERED OFFICE :
NO.27-BKC, C-27, G-BLOCK, BANDRA KURLA COMPLEX, LOCAL OFFICE :
NO.10/7, UMIYA LAND MARK 3RD FLOOR, LAVELLE ROAD, BENGALURU-560001 …RESPONDENTS (BY Ms. MIHIKA HEGDE, ADV. FOR Ms. ANUPAMA HEBBAR, ADV. FOR C/R-4;
VIDE ORDER DATED 02.02.2016 NOTICE TO R-1 TO R-3 ARE HELD SUFFICIENT.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 28.03.2015 PASSED BY THE LEARNED XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYOHALL, BENGALURU CITY AT BENGALURU IN C.MISC.NO.47/2012 VIDE ANNEXURE-C.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner in the above writ petition sought to set aside the order dated 28.03.2015 passed by the learned XI Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru City at Bengaluru in C.Misc.No.47/12 at Annexure-E.
2. This Court by an order dated 21.08.2015, directed the fourth respondent not to disturb the possession of the petitioner and the petitioner shall deposit Rs.10,00,000/- within four weeks from the date of the order.
3. Today, i.e., on 26.08.2019, Ms. Mihika Hegde, learned counsel for the fourth respondent submits that the dispute between the petitioner and fourth respondent is settled and question of taking any action by the fourth respondent against the petitioner would not arise.
4. The said submission is placed on record.
In view of the above, the prayer sought in the writ petition would not survive for consideration.
Accordingly, writ petition stands dismissed as having become infructuous.
Sd/- JUDGE NC.