Writ petition challenging sale notice was dismissed by the High Court of Karnataka as having become infructuous due to issuance of a subsequent sale notice in a writ petition filed later.
The writ petition was dismissed as 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 3362 OF 2022 (CS-RES)
BETWEEN:
SRI. PADMANABHA, S/O LATE NARAYANA POOJARI, AGED ABOUT 50 YEARS, R/AT NO.2-34(C), BARIKE HOUSE, DERLAKATTE VTC BALMA, DERLAKATTE POST, MANGALORE, D.K. DISTRICT - 574 160.
…PETITIONER
(BY SRI. RAJASHEKAR S., ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. AZRA J DUNDGE, AGA FOR R1 AND R2; SRI. N.R. KRISHNAPPA, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED:20.11.2021 BEARING C.E.P NO.122/2020-21 AND THE SALE AUCTION DATED:25.1.2022 VIDE ABN NO.51/2020-21 EP NO.121/2021-22 ISSUED BY THE R-2 AND 3 FIXING THE DATE OF AUCTION OF THE PROPERTY OF THE PETITIONER ON 3.3.2022 AT 11.00 AM VIDE ANNEXURE-A TO C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the Petitioner submits that the condition imposed in the interim order dated 17.02.2022 has not been complied with.
PNV - List No.: 1 Sl No.: 49 CT:SNN
Sd/JUDGE
Sri. Padmanabha
The State of Karnataka, Department of Co-operation
The Recovery Officer and Asst. Registrar of Cooperative Societies, Mangaluru Sub Division
Shree Bhagavathi Co-operative Bank (Ltd)
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
