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2023 Supreme(Kar) 196

SURAJ GOVINDARAJ
Vijayachandra S/o Anantha Krishna – Appellant
Versus
State Of Karnataka Department of Co-Operative – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. K A Ariga., Advocate

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

    a. Issue a Writ or direction in nature of Certiorari quashing the order dated 11.11.2014 in Revision Petition No.CO/18/CAP/2013 (Annexure-A) passed by the 1st Respondent.

b. Issue any other appropriate writ or direction as this Hon’ble Court deems fit and proper to grant in the circumstances of the case.

2. The petitioner claims to be an auction purchaser of the property, which is claimed to belong to respondent Nos.4 to 6. Respondent No.4 had initially borrowed a sum of Rs.2,40,000/-from respondent No.3/Bank as regards which respondent No.5/Kalu Naik had mortgaged the property bearing Sy.No.153/2 measuring 2 acres 80 cents at Hirbetttu Village, Udupi Taluk and District. The borrower having defaulted on the repayment of the loan, dispute was raised wherein an arbitrator was appointed and an award came to be passed in favour of the Bank. In execution of the said award, the aforesaid land came to be sold through auction by respondent No.3 on 29.09.2005, wherein the petitioner was the successful bidder.

3. Thereafter, respondent No.2 confirmed the auction sale vide its order dated 21.07.2010, which was chall

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