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NC: 2024:KHC:18684
WP No. 9897 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 31 DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 9897 OF 2023 (GM-RES)
BETWEEN:
SRI K. MUNIRAJ
S/O MR. G. KRISHNAPPA,
AGED ABOUT 51 YEARS,
R/A NO. 507/6, NAGARAJ COMPLEX,
RAYASANDRA,
BANGALORE – 560 099.
…PETITIONER
(BY SRI. SRIKANTH N V., ADVOCATE)
AND:
1. M/S FIVE STAR BUSINESS CREDITS LIMITED
COMPANY REGISTERED UNDER COMPANIES ACT 1956,
HAVING REGISTERED/CORPORATE OFFICE AT NO.39,
OUTER CIRCULAR ROAD, KILPAUK GARDEN COLONY,
KILPAUK, CHENNAI – 600 010
REP BY ITS THE MANAGER.
2. M/S FIVE STAR BUSINESS CREDITS LIMITED,
BRANCH OFFICE AT WARD NO.190,
Digitally signed GARUVE BHAVI PALYA, HOSUR MAIN ROAD,
by VANDANA S
BOMMANAHALLI POST,
Location: HIGH
BANGALORE - 560068
COURT OF
REP BY ITS BRANCH MANAGER.
KARNATAKA
…RESPONDENTS
(R-1 SERVED BUT UNREPRESENTED)
THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION
OF INDIA PRAYING TO DIRECT THE R-2 TO DELIVER/RETURN THE
ORIGINAL TITLE DEEDS PERTAINING TO THE SCHEDULE PROPERTY IN
FAVOR OF THE PETITIONER DTD 06.02.2017 AS PER ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:18684
WP No. 9897 of 2023
ORDER
In this petition, the petitioner seeks the following reliefs:
nd
“i) Issue writ of mandamus directing the 2 respondent to
deliver/return the original title deeds pertaining to the
schedule property in favour of the petitioner dated
06.02.2017 as per Annexure-A.
ii) Grant such other reliefs as this Hon’ble Court deems fit
under the circumstances of the case.
2. Heard learned counsel for the petitioner and perused
the material on record.
3. Learned counsel for the petitioner submits that though
the representation/legal notice was addressed to both respondent
Nos.1 and 2 at Annexure-E dated 29.03.2023, the grievance of the
petitioner for return of documents can be addressed only by
respondent No.1, since he has custody and possession of original
documents, which have to be returned in favour of the petitioner as
requested in the representation/legal notice dated 29.03.2023, as
such, notice to respondent No.2 may be dispensed with.
4. The said submission is placed on record.
5. Accordingly, notice to respondent No.2 is dispensed
with at the risk of the petitioner.
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NC: 2024:KHC:18684
WP No. 9897 of 2023
6. It is the specific contention of the petitioner that despite
issuance of the aforesaid representation at Annexure-E dated
29.03.2023, respondent No.1 has not taken any steps to comply
with said request. As such, the petitioner is before this Court by
way of the present petition.
7. Respondent No.1 having been served with notice of
the present petition, chosen to remain unrepresented and has not
contested the petition. In view of the aforesaid facts and
circumstances and material on record, which discloses that
respondent No.1 has neither submitted reply nor taken any
steps/action pursuant to the representation at Annexure-E dated
29.03.2023, I deem it just and appropriate to dispose of this petition
directing respondent No.1 to address the grievances of the
petitioner and take necessary steps/action pursuant to the
representation within a period of one month from the date of receipt
of a copy of this order.
8. With the aforesaid observations and directions, the writ
petition stands disposed of.
Sd/-
JUDGE
BMC: List No.: 1 Sl No.: 4