Karnataka Court April 2002 Judgments
Syndicate Bank Vs. Mrs. K. Chandrakala Bhaktha and ors.
Court: Karnataka
Decided on: Apr-02-2002
Reported in: 2002(6)KarLJ414
ORDER1. On the request of first respondent as principal debtor and respondents 2, 3 and K. Prakash Bhakta (of whom respondents 4 to 8 are the legal heirs) as co-obligants/guarantors, the petitioner-Bank sanctioned a loan of Rs. 3,50,000.00 in November 1980 for the purpose of establishing and starting a nursing home (Bhakta's Nursing Home) by the first respondent. Respondents 1 to 3 and K. Prakash Bhakta (for convenience, referred to jointly as the 'Borrowers') agreed to secure the repayment of the loan to be advanced to the first respondent by equitable mortgage of the suit 'A' schedule property (Sy. No. 128/37 measuring 73 cents at Shivalli Village, Gundibail Ward, Udupi Taluk, situated within Udupi Municipal Limits).2. The respondents executed a loan agreement dated 16-3-1981 containing the terms and conditions of the loan and first respondent availed the loan dated 16-3-1981 and subsequently the Bank alleges that the borrowers agreed to repay the said loan in certain instalments bet...
Tag this Judgment!Raghavendra Venkatesh Burli and ors. Vs. Nalanaikanath Balakrishnadas ...
Court: Karnataka
Decided on: Apr-01-2002
Reported in: ILR2002KAR4995; 2002(3)KarLJ321
ORDERR. Gururajan, J. 1. The inherent jurisdiction of this Court under Section 115 is invoked by the plaintiff-petitioners in this petition by way of challenge to the notices ordered on the three interim appeals filed by the applicants under Order 1, Rule 10 of the CPC.2. This is a case of tapping the doors of a Court by the respondents on the following facts:3. The predecessors of the petitioners had tiled a suit for possession of the premises in terms of the Bombay Rent Control Act. The suit came to be dismissed. The appeal also stood dismissed, Civil revision petition was filed in this Court by the legal representatives of the deceased R.N. Burli and V.N. Burli. During the pendency of the said civil revision petition in this Court, the predecessors of the petitioners filed another suit for possession. The earlier civil revision petition filed was allowed and the orders of the Munsiff and District Judge were set aside. Matter was taken to the Supreme Court and the Supreme Court dismi...
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