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2018 Supreme(Kar) 1236

ARAVIND KUMAR
Mohan Bhandar A Partnership Firm Nageetha Complex – Appellant
Versus
Vijaya Bank Kuvempunagar Branch Mysore, Represented By Its Branch Manager – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri.S.S.Naganand, Sr. Counsel For Sri. Sriranga S, Advocate for Just Law Associates
For the Respondent:Sri.K. Shashikiran Shetty, Sr. Counsel For Sri. Vignesh Shetty, Sri. Balaram M.L, Advocate

ORDER :

1. These petitions are taken up together and disposed of by a common order, since issues involved in these writ petitions would overlap each other while being adjudicated, apart from parties as well as subject property of these writ petitions are one and the same.

2. W.P.Nos.27975-77/2018 is filed by the tenants of property bearing No. ‘Y’ named Nageetha Complex situated at Saraswathipuram, Tonachikoppal 2nd Stage, Mysuru (hereinafter referred to as ‘secured asset Saraswathipuram’) and they have sought for quashing of the order dated 13.06.2018 Annexure-C passed by fourth respondent under Section 25(aa) of Recovery of Debts and Bankruptcy Act, 1993 (for short ‘DRT Act’) in TRC No.339/2017 (DCP No.2933) in O.A.No.620/2001 and in alternate they have prayed for a direction to the fourth respondent to consider the review application preferred by them vide Annexure-F and pending consideration of the same to direct respondents 1 to 4 not to interfere with the possession of the secured asset-Saraswathipuram. Petitioners are also seeking for a declaration that petitioners leasehold rights over the schedule property are not regulated by and/or covered by Debt Recovery Tribunal Act, 19

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