Sri C Dilip Kumar vs Mr K P Devaiah
2023 Latest Caselaw 6852 Kant

                                          -1-
                                                 NC: 2023:KHC:35233-DB
                                                     WA No.1144 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 27TH DAY OF SEPTEMBER, 2023
                                        PRESENT
                         THE HON'BLE MR. JUSTICE G.NARENDAR
                                           AND
                     THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                        WRIT APPEAL NO.1144 OF 2023 (GM-RES)
               BETWEEN:

               1.    SRI. C. DILIP KUMAR
                     S/O LATE MUKUNDRAJ CHAINRAJ
                     AGED ABOUT 50 YEARS
                     R/AT OLD NO.626, NEW NO.40/2
                     PID NO.22-78-40/2, 62ND CROSS
Digitally signed     5TH BLOCK, BANGALORE-560010.
by RUPA V                                                     ...APPELLANT
Location: HIGH
COURT OF         (BY SRI. SHASHIKIRAN SHETTY, SR. ADV., FOR
KARNATAKA            SRI. SHARANJITH SHETTY K, ADV.,)

               AND:

               1.    MR. K.P. DEVAIAH
                     S/O K.G. POOVAIAH, AGED MAJOR
                     NO.34, 2ND FLOOR, 2ND CROSS
                     VARNASI ROAD, SUNNY LAYOUT
                     T.C.PALYA, BANGALORE-560036.

               2.    THE AUTHORIZED OFFICER
                     CITY UNION BANK LTD
                     MALLESHWARAM BRANCH
                     NO.58/1, 13TH CROSS, MARGOSA ROAD
                     MALLESHWARAM, BANGALORE-560003
                     REPRESENTED BY CHIEF MANAGER/
                     AUTHORIZED OFFICER
                     T.S. AMIRTHA GANESH
                     S/O M.T. SHANMUGAM SUNDARAM
                     AGED ABOUT 50 YEARS.
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                                 NC: 2023:KHC:35233-DB
                                     WA No.1144 of 2023




3.   M/S KEERTHI ENTERPRISES
     NO.23, 3RD CROSS
     NANJAPPA GARDEN
     BAHUSA PALYA
     BANGALORE-560016
     REPRESENTED BY ITS PROPRIETOR
     MR. K.P. DEVAIAH.

4.   MRS. K.D. RAMYA
     W/O K.G. DEVAIAH
     AGED MAJOR, NO.34
     2ND FLOOR, 2ND CROSS
     VARNASI ROAD, SUNNY LAYOUT
     T.C.PALYA, BANGALORE-560036.

5.   M/S SAMSKRUTHI ENTERPRISES
     SHOP NO.23 , 3RD CROSS
     NANJAPPA GARDEN, BABUSAPALYA
     BANGALORE-560016
     REPRESENTED BY ITS PROPRIETOR
     MRS. K.D. RAMYA.
                                             ...RESPONDENTS

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS OF
WRIT PETITION No.6462/2021. ALLOW THE PRESENT APPEAL
AND SET ASIDE THE ORDER DATED 17.08.2023 PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WRIT
PETITION No.6462/2021 & ETC.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:

                       JUDGMENT

Heard learned Senior counsel Sri.Shashikiran Shetty

along with the learned counsel for the appellant.

NC: 2023:KHC:35233-DB WA No.1144 of 2023

2. In paragraph No.1 of the order dated

17.08.2023 passed in W.P.No.6462/2021 it is seen that the

learned Single Judge has recorded an agreement of parties

to participate in the auction, thereafter in an unnumbered

paragraph Nos.2 and 3, there are certain directions which

the appellant claims he is not consented to. In that view of

the matter, we are of the opinion that it would be in the

interest of parties that they move before the learned Single

Judge for clarification or review as may be advised.

3. With the above observation, writ appeal is

disposed of, liberty is reserved to the appellant to seek

clarification or review of the order impugned.

4. The proposition of the parties is protected for a

period of two weeks from today.

Sd/-

JUDGE

Sd/-

JUDGE BSR