Sri Sathya Sai Mahila Charitable Trust vs Karnataka State Financial Corporation on 29 August, 2016

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Karnataka High Court

Sri Sathya Sai Mahila Charitable Trust vs Karnataka State Financial Corporation on 29 August, 2016

Bench: A.S.Bopanna

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 29TH DAY OF AUGUST 2016

                          BEFORE

       THE HON'BLE MR. JUSTICE A.S.BOPANNA

     WRIT PETITION NO.28504/2009 (GM-KSFC)

BETWEEN:

SRI SATHYA SAI MAHILA CHARITABLE TRUST
NO.35, 3RD MAIN, M M ROAD,
BYATARAYANPUARA
BANGALORE- 560 026
REP. BY SMT. LALITHA K
AUTHORIZED TRUSTEE.
                                   ... PETITIONER

       (Court Notice issued V/o. dated 27.09.2013)

AND:

1.    KARNATAKA STATE FINANCIAL CORPORATION
      BRANCH OFFICE SITUATED AT 8TH FLOOR
      JAYANAGAR SHOPPING COMPLEX,
      JAYANAGAR 4TH BLOCK
      BANGALORE 11.
      REPRESENTED BY THE
      ASST. GENERAL MANAGER.

2.    SMT. PADMA K BHAT
      D/O KRISHNA BHAT
      AGED ABOUT 43 YEARS
      R/AT NO.4, KT NO.40/3,
      NAGADEVANAHALLI POST
                                   -2-


     JNANABHARATHI POST
     BANGALORE-560 086
                                                ... RESPONDENTS

(BY SRI. P S MALIPATIL, ADV. FOR R1
  PETITION DISMISSED AGAINST R2 V/O DT:25.05.2010)




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYER TO
QUASH THE SERIAL NO.4 LISTED IN AUCTION NOTICE
DT.14.9.2009, AND PAPER PUBLICATION DT.15.9.2009, AS
PE ANN-A.

     THIS WRIT PETITION COMING ON FOR HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

The petitioner is before this Court assailing the auction notice dated 14.09.2009 insofar as the property mentioned at Sl. No.4 therein. This Court, at the first instance while issuing notice, though had permitted the further process of the auction to take place, the confirmation had been stayed. The said order was passed on 23.09.2009.

2. The learned counsel for the 1st respondent would submit that the auction which was proposed at -3- that stage, in respect of the petition schedule property, has not taken place any further.

3. If that be the position, at this juncture, this Court need not go into the other contentions which are urged in the instant petition. However, if in future the respondent No.1 takes any action and even at that point of time, if the petitioner has any grievance with regard to the same, liberty to assail such action in accordance with law is however left open to the petitioner, if they are advised to do so.

In terms of the above, the petition stands disposed of.

Sd/-

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