This Cunning case is a short order where the Karnataka High Court dismissed a writ petition filed to stay auctions because the auction date had already passed, rendering the petition infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 13128 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13128 OF 2020 (GM-RES)
BETWEEN:
…PETITIONER
(BY SRI. DILRAJ JUDE ROHIT SEQUEIRA., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
WP No. 13128 of 2020
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO FURNISH THE DETAILS OF THE SARFESI ACT PROCEEDINGS AND EXECUTION PROCEEDINGS CONDUCTED PURSUANT TO ANNEXURE - E AND NOT TO PURSUE WITH THE AUCTION OF THE PETITION B SCHEDULE PROPERTY BY THE R- 2 TILL FURNISHING THE DETAILS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petition seeks a direction at the hands of this Court to stall auction proceedings, which were slated to be conducted on 18.09.2020. The petition is filed on 30.09.2020.
the respondents is not interdicted by any order of this Court. Therefore, the letter dated 18.09.2020 seeking to auction the property has spent itself.
WP No. 13128 of 2020
date of auction as found in 18.09.2020, communication being long over, the petition is thus rendered infructuous and is disposed as having become infructuous.
Reserving liberty to the petitioner to approach the appropriate forum, for appropriate relief, the petition stands disposed.
Sd/JUDGE
SJK List No.: 1 Sl No.: 65
Anees Ahmed Morab
Chief Executive Officer, PNB Housing Finance Ltd.
PNB Housing Finance Ltd.
Mrs. Nishath Sultana Shaikh
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
