The High Court of Karnataka disposed of a writ petition challenging an e-auction sale notice of immovable property issued by the respondent bank as having become infructuous since the scheduled sale date had passed without any auction taking place, while reserving liberty to file a fresh petition if a new notice is issued.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25780 OF 2023 (GM-RES)
BETWEEN:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
(BY SRI. GIRISH B BALADARE., ADVOCATE)
…PETITIONERS
AND:
THE MANAGER, KARNATAKA GRAMIN BANK, KANATHI BRANCH, SEQUERA TOWERS, VIJAYAPURA MAIN ROAD, CHIKKAMAGALURU – 577 101.
…RESPONDENT
(BY SRI.G.LOKESH MURTHY, ADVOCATE FOR C/R)
NC: 2023:KHC:42685 WP No. 25780 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE - D THAT IS THE SALE NOTICE OF IMMOVABLE PROPERTY REF.KGB/RO/CKM/REC/SN-42/2023-24 DATED 31.10.2023 SCHEDULED ON 24.11.2023 BY THE WAY OF E- AUCTION ISSUED BY THE RESPONDENT BANK I.E, THE MANAGER KARNATAKA GRAMIN BANK KANATHI BRANCH SEQUERA TOWERS, VIJAYAPURA MAIN ROAD, CHIKKMAGALURU SO FAR AS PETITIONERS CONCERN AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners call in question a e-auction/sale notice of immovable property dated 31.10.2023 issued by the respondent-Bank.
NC: 2023:KHC:42685 WP No. 25780 of 2023
appropriate fora, if a sale notice comes to be issued by the respondent-Bank.
Sd/JUDGE
SJK List No.: 1 Sl No.: 79
1 issue framed by the court
Whether the writ petition challenging the sale notice of immovable property should be disposed of as infructuous in light of the sale notice date having passed without any auction taking place?
Colour shows how this judgement treated each authority
None mentionedReferred
1 provisions across 1 enactments
Sri. Krishne Gowda I.D.
Bhadamma
The Manager, Karnataka Gramin Bank, Kanathi Branch
M. Nagapranna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
