LAWS(KAR)-2022-2-193

B. A. VARADARAJACHAR Vs. LAKSHMI VILAS BANK LTD

Decided On February 15, 2022
B. A. Varadarajachar Appellant
V/S
LAKSHMI VILAS BANK LTD Respondents

JUDGEMENT

(1.) Challenging judgment and decree dtd. 4/1/2020 passed by XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH36) in O.S.No.688/2019, this appeal is filed.

(2.) Appellant was plaintiff; while respondents herein were defendants no.1 to 6 respectively (Hereinafter referred to as per their ranks before trial Court).

(3.) Brief facts as stated are that, plaintiff filed O.S.No.688/2019 against defendants seeking for a decree to declare documents mentioned in schedule - B as void and illegal and to declare that plaintiff is discharged from guarantee and surety given by him to defendant no.1 - Bank for repayment of loan granted to defendant no.3 and that schedule - 'A' property is not available as security for repayment of loan availed by defendant no.3 from defendant no.1 - Bank and for permanent injunction against defendants no.1 and 2 from taking any coercive action against plaintiff and from alienating suit schedule property etc. In plaint, it was stated that plaintiff is owner of property bearing Sy.No.250, Municipal No.251, Old No.499/7, PID No.88/12/251 measuring 7159 Sq. ft. with building, (referred to as 'schedule property' for short), situated at main road, Banasawadi within jurisdiction of Bruhat Bengaluru Mahanagara Palike ('BBMP' for short). Said property had fallen to share of plaintiff in terms of compromise decree dtd. 29/1/1999 passed in O.S.No.10331/1995. Thereafter plaintiff was in possession of same.