ASHWINI RAGHAVA REDDY Vs. N. MANJUNATH

JUDGEMENT

(1.) In this petition, petitioner seeks for following reliefs:-

(2.) Counsel for petitioner submits that respondent no.5 had availed loan from respondent no.6 - Bank by mortgaging schedule properties. On 31/3/2020, respondent no.6 - Bank declared schedule properties as 'NPA'. A demand notice under Sec. 13(3) of SARFAESI Act, 2002 was issued. In view of failure to comply with demand, possession notice under Sec. 13(4) of SARFAESI Act and thereafter, sale notice was issued. Challenge against sale notice by respondent no.5 came to be dismissed. And on 13/8/2021, there was sale of schedule 'B' property by public auction, wherein petitioner was a successful bidder. On 1/9/2021 an order confirming sale was passed and on 15/9/2021, sale certificate was issued. W.P.no.15747/2021 filed by respondent no.5 against sale was disposed of permitting him to approach Debt Recovery Tribunal (DRT). In meanwhile, sale certificate was revalidated and registered on 27/1/2022. S.A.no.65/2022 filed by respondent no.5 before DRT was dismissed on 24/5/2022. Subsequently, Crl.Misc.no.5878/2020 filed by respondent no.6- Bank came to be allowed. In meanwhile, on 22/3/2022, respondents 1 and 2 filed O.S.no.279/2022 before learned Prl.Senior Civil Judge and CJM, Tumakuru, and on 23/3/2022, they obtained interim order.

(3.) On 31/3/2023, application filed by petitioner after entering appearance was allowed and plaint in O.S.no.279/2022 came to be rejected under Order 7 Rule 11(d) CPC. Subsequently, O.S.No.25645/2023 was filed by 5th respondent before Addl. City Civil and Sessions Judge, Bangalore and interim injunction was obtained. Thereafter, in pursuance of directions issued in W.P.no.18589/2022 filed by petitioner herein, application for vacating interim order came to be considered and interim injunction was vacated.