IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA WRIT PETITION No.32818/2018 (CS – RES) BETWEEN :
SRI.S.REVANNA, S/O SOMASHEKARAPPA, AGED ABOUT 50 YEARS, WORKING AS TEACHER GOVERNMENT HIGHER PRIMARY SCHOOL, KOTTIGEHALLI, CHICKKAMAGALURU TALUK AND DISTRICT. ... PETITIONER (BY SRI.A.M.MAHESHWARAPPA, ADV.) AND :
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, M.S.BUILDING, BANGALORE – 560 001.
2. REGISTRAR OF CO-OPERATIVE SOCIETIES, ALIASKAR ROAD, BANGALORE – 560 001.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY AND RECOVERY COURT, KARNATAKA STATE CO-OPERATIVE TOWN BANKS FEDERATION, K.H.ROAD, BANGALORE – 560 027.
4. THE GENERAL MANAGER, TEACHERS CO-OPERATIVE BANK LTD., BALIGA TOWERS, 4TH FLOOR, NEAR SERVICE, BUS STAND, UDUPI DISTRICT, UDUPI – 576 101.
5. THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTION, NRUPATUNGA ROAD, BANGALORE – 560 001.
6. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, DAVANAGERE DISTRICT, DAVANAGERE – 577 004.
7. THE VICE PRINCIPAL, (HIGH SCHOOL SECTION), MOTI VEERAPPA, GOVERNMENT PRE – UNIVERSITY COLLEGE, DAVANAGERE TOWN, DAVANAGERE – 577 004.
8. SMT. P.GIRIJA, W/O LATE LINGANAYAKA, AGED ABOUT 44 YEARS, WORKING AS D GROUP, EMPLOYEE AT MOTI VEERAPPA PRE – UNIVERSITY COLLEGE, (HIGH SCHOOL SECTION), DAVANAGERE TOWN AND DISTRICT – 577 004.
9. THE BLOCK EDUCATION OFFICER, CHIKKAMANGALURU TALUK, CHIKKAMANGALURU – 577 101. …RESP0NDENTS (BY SRI.A.K.VASANTH, GOVERNMENT ADVOCATE FOR R1 TO R3, R5 TO R7 AND R9; SRI.M.R.HIREMATHAD, ADVOCATE FOR R8;
R4 SERVED BUT REMAIN UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ATTACHMENT NOTICE DATED 07.06.2018 PRODUCED AT ANNEXURE – E TO THE W.P. ISSUED BY THE R3 AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This writ petition is filed by the Gurantor to a loan transaction between the fourth respondent Co-operative Bank and its borrower Linganayaka, since deceased, represented by his wife Smt. P. Girija- 8th respondent in this proceedings.
2. The dispute which was raised by the Co-operative Society is for recovery of loan borrowed by the 8th respondent’s husband. The said dispute was allowed and an award was passed and the same award was subject matter of recovery proceedings before the court of Assistant Registrar and Recovery Officer (vide Rule 441). When the matter stood thus, the Guarantor to the loan transaction has come up in this proceedings impugning the attachment notice dated 07.06.2018, issued by the third respondent. While dosing so, mandamus is also sought to consider the legal notice issued by the petitioner herein vide Annexure-‘D’ and ‘F’ before considering the proceedings pending in Execution No.ARE/UBF/566/11-12 dated 10.09.2012.
3. When this writ petition is pending consideration, a memo is filed by the counsel for respondent No.8 informing that the entire amount which was due to the 4th respondent bank under the award passed for recovery of loan extended to deceased Linganayaka is cleared by his wife, 8th respondent – Smt. P. Girija. The 8th respondent has also filed a copy of the letter dated 09.10.2018 issued by the Manager of 4th respondent-Bank from its Chikmagaluru Branch informing that loan amount of Linga Naik, husband of 8th respondent is cleared by her, consequently, said loan account is closed.
4. In that view of the matter, the present writ petition does not survive for consideration. Accordingly, it is dismissed as having become infructuous.
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JUDGE Np/-