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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