S. NAGANNA, S/O. SUGURAPPA AND SRI. G. LINGANNA, S/O. JADIYAPPA Vs. KARNATAKA STATE FINANCIAL CORPORATION REPRESENTED BY ITS DEPUTY GENERAL MANAGER, (RECOVERY-I) AND OTHERS

JUDGEMENT

(1.) THE Appellants are the Respondents No. 3 and 4 before the Principal District Judge at Tumkur, being aggrieved by the order date 17 -4 -2005 made in Misc. No. 30/2001 passed by the Principal District Judge at Tumkur, preferred this Miscellaneous First Appeal.

(2.) THE first Respondent Karnataka State Financial Corporation filed a petition under Section 31(1), 31(1)(aa) and the to been has State Financial granted 32 of the Karnataka State Financial Corporation Act ('SFC Act' for short) seeking for recovery of a sum of Rs. 75.29,086/ - from the first Respondent firm i.e. M/s. Karnataka Bricks and Tiles Factory (a Partnership Firm) as on 10 -12 -2000 with interest therefrom and to direct all the Respondents jointly and severally pay the said amount personally, by attachment and sale of the schedule property.

(3.) IN pursuance to the notice issued by the Principal District Judge, Turakur, Respondents 1 and 6 remained exparte in spite of service of notice. Respondents 2 and 5 died during the pendency cf the petition and their legal representatives have been brought on record. However, Legal representatives of Respondent No. 2(c) and (d) have not appeared. The legal representatives of Respondent No. 5 have entered appearance. Respondent 3 and 4 have engaged their advocates and filed objections.