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WRIT PETITION No.22850 of 2013 (GM-CPC)

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WRIT PETITION No.22850 of 2013 (GM-CPC) - 1 - WP.No.22850/2013 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 05TH DAY OF SEPTEMBER 2013 BEFORE THE HON’BLE MR.JUSTICE H.G.RAMESH WRIT PETITION No.22850 OF 2013 (GM-CPC) BETWEEN: UCO BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 AS AMENDED BY THE BANKING LAWS (AMENDMENT) ACT, 1985, HAVING ITS HEAD OFFICE AT NO.10, BIPLABI TRAILOKYA MAHARAJ SARANI, KOLKATA- 700 001 AND ONE OF ITS BRANCHES AT K.S. ROAD, MANGALORE AND ASSET MANAGEMENT BRANCH AT 3 RD FLOOR 13/22, K.G. ROAD, BANGALORE REPRESENTED BY ITS CHIEF MANAGER, GURURAJ SHAMRAO DESAI S/O SHAMRAO DESAI ... PETITIONER (BY SRI G.S. KANNUR FOR SRI DHIRENDRA N. KATTI, ADVOCATES) AND: 1. SMT. VIDYA S. KUDUVA AGED ABOUT 47 YEARS W/O DR. SURESH KUDUVA RESIDING AT DOOR NO.266/2 NEAR ANANTHA SHAYANA KARKALA-574104 2. SMT. JAYANTHI MALYA AGED ABOUT 70 YEARS W/O LATE LAXMAN MALYA RESIDING AT MALYA COMPOUND - 2 - WP.No.22850/2013 ALANGAR, MOODABIDRI MANGALORE TALUK-575001 3. SRI NITHYANANDA MALYA AGED ABOUT 51 YEARS S/O LATE LAXMAN MALYA RESIDING AT MALYA COMPOUND ALANGAR, MOODABIDRI MANGALORE TALUK-575001 4. SRI DAYANANDA MALYA AGED ABOUT 49 YEARS S/O LATE LAXMAN MALYA RESIDING AT MALYA COMPOUND ALANGAR, MOODABIDRI MANGALORE TALUK-575001 5. SMT. VANITHA YASHWANTH PAI AGED ABOUT 45 YEARS W/O LATE YESHWANTH PAI RESIDING AT MAHALASA CASHEWS HIRIYADKA UDUPI TALUK 576101 6. SMT. CHANDRIKA JANARDHAN KAMATH AGED ABOUT 43 YEARS W/O JANARDHAN KAMATH RESIDING AT FLAT NO-101, MANJEERA HOMES 10-2-290, WEST MARDAPALLY ROAD NO.6, SECUNDERABAD-500 026 (A.P.) 7. SMT. KUSUMA VITTALDAS PAI AGED ABOUT 45 YEARS W/O DR. VITTALDAS PAI RESIDING AT MAHALASA NEAR P & T QUARTERS TRICHAMBERAIN, TALIPARAMALA KANNUR DISTRICT KERALA-670 141 8. SRI VIVEKANANDA MALYA AGED ABOUT 41 YEARS S/O LATE LAXMAN MALYA RESIDING AT GOLDEN GATE HOTEL MALYA COMPOUND, ALANGER MOODABIDRI, MANGALORE TALUK-575001 - 3 - WP.No.22850/2013 9. THE MANAGER MCS BANK MOODBIDRI, MANGALORE-575001 10. SMT. K.S. AJAY AGED ABOUT 30 YEARS S/O K.SACHIDANANDA RESIDING AT AVIN NIVAS, ULIYA ALANGAR, MARPADI VILLAGE MANGALORE TALUK-575 001 11. MR. ANWAR AUN SHAIKH AGED ABOUT 46 YEARS S/O AMIRUDDIN R. SHAIKH RESIDING AT PUTHIGE VILLAGE MANGALORE TALUK-575001 12. SRI RAVINDRA C. POOJARY AGED ABOUT 35 YEARS S/O SRI CHANDRAYYA POOJARY RESIDING AT PIJATHABETTU HOUSE NALLUR VILLAGE, KARKALA TALUK-574104 13. SRI MEGHANANDA SHETTY S/O SRI JAYARAMA SHETTY AGED ABOUT 48 YEARS RESIDING AT SHRESTA LAND DEVELOPERS AND BUILDERS, NO-5, SHALIMAR VIJAYANAGAR, MOODABIDRI – 574 227 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 28.7.12 PASSED BY THE CIVIL JUDGE (SD) ON IA NO.III R.A. 31/11 VIDE ANNX-H THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - WP.No.22850/2013 O R D E R H.G.RAMESH, J. (Oral): Learned counsel appearing for the petitioner- UCO Bank, after arguing the matter for some time, submits that the writ petition may be disposed of by directing the appellate Court namely the Court of the District Judge, Udupi to dispose of the appeal in R.A. No.31/2011 expeditiously. Having regard to the facts of the case, I accept the submission made by the learned counsel appearing for the petitioner and accordingly, direct the appellate Court to dispose of the aforesaid appeal expeditiously and in any event within three months from the date of receipt of a copy of this order. Petition disposed of. Sd/- JUDGE BNS .
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