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2019 Supreme(Kar) 1797

B.VEERAPPA
N LAKSHMANA S/O LATE S NARAYANAPPA – Appellant
Versus
KARNATAKA STATE FINANCIAL CORPORATION – Respondent


Advocates Appeared:
For the Appellant :SRI M J ALVA, ADVOCATE
For the Respondent:SRI YOGESH D NAIK, ADVOCATE

ORDER :

1. The petitioner who is the victim in the acts and fraud played by KSFC is before this Court seeking for a writ of mandamus directing the respondents to make out the marketable title in respect of the schedule property and to execute the sale deed in favour of the petitioner after receipt of the balance sale consideration amount of Rs.25,50,000/in terms of e-auction dated 10/10/2010 or alternatively to issue a writ of mandamus or direction, directing the respondents to refund the sum of Rs.8,50,000/received by them from the petitioner in furtherance of the e-auction dated 10/10/2010 along with interest at the rate of 18% p.a. from the date of receipt till the date of payment of the full amount.

I. FACTS OF THE CASE:

2. It is the case of the petitioner that, 2nd respondent Deputy General Manager, KSFC, had published e-auction Tender Notification dated 27/10/2010 in ‘Vijaya Karnataka’ Kannada Daily Newspaper notifying to sell the property at Item No.1, bearing No.8, (Old Nos. 3,4 and 5), situated at S.P.Road, P.M.Lane (Thigalarapet), Nagarathpet, Bengaluru – 560 002, measuring 27 feet x 31 feet which is more fully described in the schedule to the present petition and other it

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