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2023 Supreme(Online)(KAR) 777

HIGH COURT OF KARNATAKA
M.NAGAPRASANNA, J
MR. C. VELAN, S/O SRI. CHITHIRAI – Appellant
Versus
THE MAHILA CO-OPERATIVE BANK LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SMT. SUMAN HEGDE
For the Respondents: SRI. K. RAVI SHANKARA BHAT

Table of Content
1. tenants affected by loan default seek redress regarding possession. (Para 2 , 3)
2. court protects tenant possession for 30 days for legal recourse. (Para 4 , 5)

ORDER

Heard Sri. Suman Hegde, learned counsel appearing for the petitioners, Sri. K. Ravi Shankara Bhat, learned counsel appearing for respondent No.1 and have perused the material on record.

2. The petitioners are the tenants in a premises owned by respondent No.2 - the borrower from respondent No.1. Due to the loan borrowed by respondent no.2 becoming sticky, respondent No.1 has instituted certain proceedings under the SARFAESI Act, 2002 and has directed the vacation of the petitioners, who are tenants from the premises after having taken possession of the property, in accordance with law.

3. The petitioners have filed an affidavit with regard to the timeline in which they would vacate the premises and the affidavit reads as follows:

" I, C.Velan, s/o Sri.Chithirai, aged 48 years, residing at No.29, second Floor, door No.6, 7th cross, Yeshwanthpura, Bangalore-560022 do hereby solemnly affirm & state on oath as follows -

1. I am the petitioner no.1 in the above petition, well- conversant with the facts of th

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