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2022 Supreme(Online)(Kar) 43225

HIGH COURT OF KARNATAKA
,
DR.PRAKASH VEERAPPA RAKKASAGI – Appellant
Versus
THE AUTHORISED OFFICER/ CHIEF MANAGER – Respondent


The petitioner has called in question the validity of

the order dated 19.02.2019 passed by the Debts Recovery

Appellate Tribunal, Chennai (‘DRAT’ for short) in RA(SA)

No.77/2018 produced at Annexure-F whereby DRAT has

allowed the appeal setting aside the order of the Debts

Recovery Tribunal, Bengaluru (‘DRT’ for short) which

passed the order in SA No.249/2016. By virtue of the

order

at

Annexure-F,

the

Possession

Notice

dated

15.09.2015 was held to be valid and sustainable.

2. The K.S.S.I.D.C. is stated to have executed the

registered lease-cum-sale agreement with respect to Plot

No.11/2 in RS No.415 at Industrial Estate, Gadag, in

favour the second respondent. It is further submitted that

the second respondent is stated to have executed a

- 4 -

memorandum of mortgage by deposit of title deeds with

the respondent-Bank after availing loan of Rs.3,90,000/-.

3. Eventually, on

28.01.2012,

the

K.S.S.I.D.C.-

respondent No.7 is stated to have executed a registered

Sale Seed in favour of the second respondent. On

28.01.2012 on the very same day, Ms.Haseena Begum M.

Lakkundi W/o Malliksab Lakkundi-respondent No.2 is

stated to have sold the property by way of registered sale

deed to respond

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