Home Bank, N.A. v. Golden La Properties, Llc, Sherali Bahadur Ali, A/k/a Sherali Bahadur, Karim Khanmohamed, And Shehmir Sherali

Supreme Court of Louisiana
November 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
HOME BANK, N.A.
VS.
GOLDEN LA PROPERTIES, LLC, SHERALI
BAHADUR ALI, A/K/A SHERALI BAHADUR,
KARIM KHANMOHAMED, AND SHEHMIR
SHERALI
No. 2022-C-01204
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I
N RE: Home Bank, N.A. - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Lafayette, 15th Judicial District Court Number(s) 2020- 5148, Court of
Appeal, Third Circuit, Number(s) 21-715;
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November 08, 2022
Writ application granted. See per curiam.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
11/08/2022 "See News Release 048 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-C-01204
HOME BANK, N.A.
VS.
GOLDEN LA PROPERTIES, LLC, SHERALI BAHADUR ALI, A/K/A
SHERALI BAHADUR, KARIM KHANMOHAMED, AND SHEHMIR
SHERALI
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Lafayette
PER CURIAM
Writ granted. Based on the particular facts of this case and considering La.
R.S. 13:3471, the challenge to the sufficiency of service on Golden LA Properties,
L.L.C. is properly raised in a suit to annul the judgment rather than in an appeal of
the default deficiency judgment. The ruling of the court of appeal reversing the
deficiency judgment granted in favor of Home Bank and against the guarantors,
Sherali Bahadur Ali a/k/a Sherali Bahadur, Karim Khanmohamed, and Shehmir
Sherali is vacated, and the matter is remanded to the district court for consideration
of the already pending action to annul.
11/08/22