Property issue: HC imposes costs on wife of retired IAS officer

Property issue: HC imposes costs on wife of retired IAS officer

Property issue: HC imposes costs on wife of retired IAS officerThe costs were imposed on Shobha Prabhakara, 54, wife of retired IAS officer K.S. Prabhakara.

The High Court of Karnataka has imposed costs of ₹25,000 on the wife of a retired IAS officer for allegedly making unsuccessful attempts, with the help of her husband, to take possession of a property from an NRI woman without making payment as per the sale deed.

The costs were imposed on Shobha Prabhakara, 54, wife of retired IAS officer K.S. Prabhakara.

Justice P.S. Dinesh Kumar passed the order on an application filed by 30-year-old Renuka Seshadri, who is residing in Dubai, UAE. The Court also directed that the property will remain in petitioner’s possession till the court’s final verdict.

The Court noticed that the petitioner, Mr. Prabhakara, and their accomplices tried to forcibly take possession, and observed that it would be “a travesty of justice” if courts remain “silent spectator” in a case of this nature, which would act in aide of litigants like Mr. Prabhakara, who belongs to the family of “coveted civil services and resort to illegal means to take possession of the property, without paying consideration, from a gullible non-resident citizen.”

Restraint order

The Court also restrained Mr. and Ms. Prabhakara and their men from interfering in the peaceful possession of the property by the petitioner till final verdict.

Ms. Shobha had agreed to purchase the property for ₹1.39 crore and paid around ₹10 lakh in cash as advance to Ms. Renuka.

The sale deed was executed on November 30, 2016 and the purchaser had given a cheque for the remaining amount of ₹1.27 crore. However, this cheque was dishonoured.

Following this, Ms. Renuka sent an email to Mr. Prabhakara in January 2017, who replied that the loan is yet to be sanctioned, etc.

Following this, Ms. Renuka filed a suit in the civil court, which did not give her interim protection from continuing to possess the property as the sale deed was executed.

However, the High Court on February 26, 2018 directed the parties to maintain status quo.

Following this, Mr. Prabhakara and his men allegedly tried to “forcefully” take possession of the property on March 9, 2018 resulting in the registration of a criminal case of assault against him by petitioner’s father, who was residing on the property. Mr. Prabhakara lodged a counter complaint the next day.

Meanwhile, the Court noted that though the sale deed was executed on the basis that payment was made, a clause in the sale deed itself had clarified that the receipt of sale consideration was subject to realisation of the cheque, making the sale incomplete.

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