Sri M Thimmegowda vs State Bank Of India
2022 Latest Caselaw 3142 Kant

                           -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF FEBRUARY, 2022

                       PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                          AND

     THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ

        WRIT APPEAL NO.89 OF 2022 (GM-RES)

BETWEEN:


SRI M THIMMEGOWDA
S/O SRI MUTHEGOWDA
AGED ABOUT 71 YEARS
RESIDING AT NO.65
VANIVILAS ROAD
BASAVANAGUDI
BANGALORE - 560 004
                                          ... APPELLANT
(BY SRI SANTHOSH S.GOGI, ADVOCATE)


AND:


1.     STATE BANK OF INDIA
       ASSET RECOVERY MANAGEMENT BRANCH
       MYSORE BANK BUILDING
       BKG COMPLEX
       'A' BLOCK, 2ND FLOOR,
       AVENUE ROAD
       BANGALORE - 560 009

2.     M/S SUMUDHRAA INFRASTRUCTURES
       SITE NO. 39 AND 40,
       'SRI SAI COMPLEX', HOSKERAHALLI
       VEERABHADRA NAGAR
       100 FT RING ROAD
       OUTER RING ROAD
       BANASHANKARI 3RD STAGE
       BANGALORE - 560 085

3.     SRI CHAKRADHARBOLLINENI
       S/O SRI B GOVARDHANCHOWDHAARY
                                   -2-


        FLAT NO. 004, SINDHU RESIDENCY,
        1ST MAIN ROAD, SIMHA COLONY
        CHIKKALASANDRA
        BANGALORE - 560 061

4.      SMT. B C SHANTHI
        W/O. SRI CHAKRADHAR BOLLINENI
        FLAT NO. 004 SINDHU RESIDENCY
        1ST MAIN ROAD, SIMHA COLONY
        CHIKKALASANDRA
        BANGALORE - 560 061

                                                   ... RESPONDENTS

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS
WRIT APPEAL AND SET ASIDE THE CONDITION THAT DIRECTING
TO DEPOSIT 25 OF AMOUNT DUE IMPOSED ON THE APPELLANT
FOR GRANT OF INTERIM ORDER OF STAY AS PRAYED IN
W.P.NO.22698/2021 OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTIONS IN PURSUANCE OF ORDER DATED
12/10/2021 PASSED BY THE XXXII ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, AT MAYO HALL, BANGALORE CITY
IN CRL. MISC. NO. 1666/2021 AND IN PURSUANCE OF NOTICE
DATED 12/11/2021 ISSUED BY THE RESPONDENT NO.1 CALLING
UPON THE RESPONDENTS NOS. 2 TO 4 TO QUIT, VACATE AND
DELIVER THE VACANT POSSESSION.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE
DELIVERED THE FOLLOWING:



                           JUDGMENT

This intra-Court appeal has been filed challenging the

order dated 13.12.2021 passed in Writ Petition

No.22698/2021.

2. After arguing the matter at some length,

Sri Santhosh S.Gogi, learned counsel for the appellant

makes a statement at the Bar that he does not want to

press the writ appeal. It may be dismissed as not pressed.

3. The writ appeal is dismissed as not pressed.

4. Learned counsel for the appellant may file a

memo for dismissal of the writ appeal.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS