Parameshwara K. & Ors vs South Indian Bank Ltd. Ors

Jyoti M, J

Sri.R.Vijay Kumar, counsel on behalf of Smt.Akkamahadevi Hiremath, for the petitioner.

Sri.Venkatesh S.Arbatti, counsel for appeared in person and undertakes to file power on behalf of respondent No.2.

Notice to respondents 3 to 9 is dispensed with.

The petition is listed today for orders and with consent it is heard finally.

The writ petition is filed seeking following reliefs:

(a) Issue a writ of certiorari and quash the order dated 08.04.2026 passed by the DRT Tribunal in S.A.13/2024 produced as (Ann-N), dismissing the said S.A. and

(b) Such other writs or orders as this Hon'ble Court deems fit in the circumstances of the case.

Sri.Venkatesh S.Arbatti, counsel submits that respondent No.2 is the auction purchaser and is a contesting party and he has no objection for setting aside the order of dismissal dated 08.04.2026 passed by the DRT.

However, he submits that a direction may be issued to the petitioner to amend the cause title expeditiously.

When queried, he submits that he has made this submission consciously after taking necessary instructions from respondent No.2.

Submission is placed on record.

Suffice it to note that the original applicant Parameshwara died during the pendency of the appeal before the DRT and an application to bring the legal representatives was filed and the same was allowed. Despite granting sufficient adjournment/ opportunity, the amendment was not carried out. Hence, the DRT dismissed the S.A.13/2026.

Taking note of the contentions and submissions presented on behalf of the respective parties, this Court deems it proper to set aside the impugned order dated 08.04.2026 passed by the DRT in S.A.13/2026.

Accordingly, writ petition is allowed. As the impugned order is set aside, a direction is issued to the petitioner to carry out the amendment within two days from the receipt of certified copy of the order and the DRT to permit the same and dispose of the application as expeditiously as possible.