A writ petition seeking to set aside a bank's auction sale notice was rendered infructuous because the auction did not take place owing to an earlier interim order of the Court. The Court disposed of the petition as infructuous, reserving liberty for the petitioners to pursue legal remedies if needed.
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NC: 2024:KHC:23971 WP No. 7113 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2024 BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.7113 OF 2024 (GM-RES)
BETWEEN:
Digitally signed by LEELAVATHI S R Location: HIGH COURT OF KARNATAKA
…PETITIONERS (BY SRI. K SHASHIKANTH PRASAD, ADVOCATE)
NC: 2024:KHC:23971 WP No. 7113 of 2024
AND:
THE AUTHORIZED OFFICER / CHIEF MANAGER INDIAN OVERSEAS BANK, MOODBIDRI BRANCH (2847) NISHMITHA TOWERS, NEAR BUS STAND, MOODBIDRI – 574 197. DAKSHINA KANNADA DISTRICT
(BY SRI. M R SHASHIDHAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO SET ASIDE THE SALE NOTICE DATED 17.02.2024 FOR AUCTION SALE OF SCHEDULE PROPERTY ON 11.03.2024 AT 11-00 AM TO 04-00 P.M (ANNEXUREA) ISSUED BY THE RESPONDENT.
THIS PETITION, COMING ON FOR ORDERS , THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the respondent submits that in view of the interim order dated 06.03.2024 passed by this Court, the auction scheduled to be conducted on 11.03.2024 did not take place and accordingly, the present petition has been rendered infructuous.
become infructuous reserving liberty in favour of the petitioners to
NC: 2024:KHC:23971 WP No. 7113 of 2024
take recourse to such remedies as available in law including approaching this Court, if occasion arise.
Sd/JUDGE
SV List No.: 1 Sl No.: 78
1 issue framed by the court
Whether the writ petition challenging the bank's auction sale notice remains relevant given that the auction did not take place due to an interim order.
M/s. Pattadi Sanitary
Mr Pattadi Bavu Ibrahim
Mrs. Fathima
Mr. Pattadi Bavu Abdul Latheef
The Authorized Officer / Chief Manager, Indian Overseas Bank, Moodbidri Branch
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
