IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14580 OF 2018 (GM-RES) BETWEEN:
SRI S. GANESH S/O. SRINIVAS K.
AGED ABOUT 52 YEARS, R/AT. HOUSE NO. 38/7-2, 2ND FLOOR, YEDIHALLI, MAGADI MAIN ROAD, BASAVESHWARANAGARA, BENGALURU - 560079.
(BY SRI N. SURESHA , ADVOCATE - ABSENT) AND :
1. LAKSHMI VILAS BANK CANTONMENT BRANCH, NO.125, INFANTRY ROAD, OPP. TO SONY CENTRE, BENGALURU-560 001.
... PETITIONER REPRESENTED BY ITS AUTHORISED OFFICER.
2. M/S. INDIA PERFUMARY HOUSE REP. BY ITS PROPRIETOR, MR.G.D. KANTHARAJ, NO.24, 3RD MAIN, NGEF LAYOUT, MALLATHALLI, BENGALURU -560 056.
3. MRS. T.V. PRATHIBHA W/O. G.D. KANTHARAJ, AGED ABOUT YEARS, NO.12/L8L, CENTRAL EXCISE LAYOUT, 2ND MAIN, 2ND CROSS, VIJAYANAGAR, BENGALURU -560 040.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE W.P. SCHEDULE PROPERTIES.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None appeared for the petitioner.
2. In this petition, the petitioner has sought for a writ in the nature of mandamus directing respondent No.1 not to take physical possession of the property in question.
3. Respondent No.1 is a Bank, which has the authority to take such a remedy which may be available in law. Therefore, no relief as prayed for by the learned counsel for the petitioner can be granted.
4. In the result, I do not find any merit in the case and the same is dismissed.
Sd/- JUDGE SA Ct:sr