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2025 Supreme(Online)(Kar) 33759

KARNATAKA HIGH COURT
B M SHYAM PRASAD, J
SMT. ARAVAPALLI KRISHNA DEEPTHI – Appellant
Versus
M/S INDIA BULLS HOUSING FINANCE LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI. DEVENDRA GOWDA R R.
For the Respondents: SRI. FRANCIS XAVIER.

Table of Content
1. overview of the estrangement and loan situation. (Para 1 , 2)
2. arguments presented regarding loan regularization. (Para 3 , 4 , 5)
3. court's observations on the petitioner's obligations. (Para 6 , 7)

ORAL ORDER

The petitioner is estranged from her husband [the second respondent, who is the borrower]. In the memorandum of petition, the petitioner has detailed the matrimonial proceedings with the second respondent, including the transfer petition pending before the Apex Court and the outcome in the application filed by her with the Debt Recovery Appellate Tribunal [DRAT] invoking Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 [for short, 'SARFAESI Act']. The petitioner seeks direction to the first respondent to restructure/reschedule the outstanding loan amount permitting her to pay the outstanding 120 monthly instalments.

2. This Court, on 24.03.2025, taking on record the circumstances above and recording that the second respondent, because of their floundering relationship, has defaulted in paying EMI resulting in the petitioner's eviction from the subject property, has directed the first resp

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