Prakash Murthy G Vs Vistaar Financial Services… — Writ and Judicial Review | Karnataka HC (2025)

Prakash Murthy G Vs Vistaar Financial Services… — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC:20014 WP No. 651 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV

WRIT PETITION NO. 651 OF 2023 (GM-RES)

BETWEEN:

PRAKASH MURTHY G S/O LATE GANGANNA AGED ABOUT 46 YEARS RESIDING AT NO. 14, LAKSHMI VENKATA RAMANA NILAYA, 2^ND FLOOR, 1^ST MAIN, 1^ST A CROSS, AMBABHAVANI NAGAR, 1^ST PHASE, DODDABETTA HALLI, VIDYARANYAPURA POST, BENGALURU- 560 097

… PETITIONER

(BY SRI. MOHAN KUMAR H G., ADVOCATE)

Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA

AND:

VISTAAR FINANCIAL SERVICES PVT LTD REGISTERED OFFICE, NO. PLOT NO.59 AND 60-23, 22^ND CROSS, 19^TH MAIN, BTM LAYOUT 2^ND STAGE, BENGALURU- 560 076 REP. BY ITS AUTHORIZED OFFICER MR LAKSHMINARAYANA C

THE CHIEF MINISTERIAL OFFICER 30^TH ACMM COURT,

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MAGISTRATE COURT COMPLEX, N.R ROAD, BENGALURU- 560 001

UMA G W/O PRAKASH MURTHY G S/O LATE GANGANNA AGED 41 YEARS RESIDING AT NO.14, LAKSHMI VENKATA RAMANA NILAYA, 2^ND FLOOR, 1^ST MAIN, 1^ST A CROSS, AMBABHAVANI NAGAR, 1^ST PHASE, DODDABETTA HALLI VIDYARANYAPURA POST, BENGALURU- 560 097

SRI PRAMOD NARAYANAPPA … IMPLEADING S/O LATE L.R. NARAYANAPPA APPLICANT AGED ABOUT 42 YEARS RESIDING AT NO.3, 8^TH CROSS, 5^TH MAIN TATA NAGAR, BENGALURU -560 092.

… RESPONDENTS (BY SRI. FRANCIS XAVIER., ADVOCATE FOR R1; SRI T. PRAKASH, ADV. FOR IMPLEADING APPLICANT FOR R4; R2 - SERVED)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH IMPUGNED ORDER DATED 18.02.2022 IN CRL. MISC. NO. 280/2022 AT ANNEXURE-C PASSED BY HON'BLE 30^TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

Learned counsel for petitioner has filed a memo for withdrawal reading as hereunder:

"The petitioner and his counsel are most respectfully submits as under:-

1. That the petitioner had filed the present petition seeking following relief;

(a) Issue a writ in the nature of Certiorari or any appropriate writ quashing impugned order dated 18-02-2022 in Crl. Misc., No. 280/2022 at ANNEXURE-C passed by Hon'ble 30th Additional Chief Metropolitan Magistrate, Bengaluru;

b) Issue a writ in the nature of Certiorari or any appropriate writ quashing the impugned action taking physical possession of the property on 22-032022 vide court commissioner report at ANNEXURED passed by Hon'ble 30th Additional Chief Metropolitan Magistrate, Bengaluru;

c) Pass such other orders/ directions as this Hon'ble Court deems fit in the facts and

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circumstances of this case in the interest of justice and equity.

2. During the pendency of Writ petition the petitioner has paid a sum of Rs. 3,00,000/- (Rupees Three Lakh Only) on 20-01-2023 and another sum of Rs. 15,00,000/- (Rupees Fifteen Lakh Only) on 1002-2025 by way of DD to the respondent (Vistar Finance Pvt Ltd).

3. In the intradendum respondent Vistara finance company Private Limited had auctioned the petition subject property in favour of proposed respondent on 02-05-2023 but the auction proceedings were kept in abeyance without issuing sale certificate till date.

4. Further, during consideration of this writ petition the auction purchaser/proposed respondent choose and accepted to rescind the auction sale and upon refund of his bid amount of Rs. 15,50,000/(Rupees Fifteen Lakh Fifty Thousand Only) along with interest @ 9% per annum from the date auction till date of payment accordingly the petitioner had @9% per annum from the date auction till date of payment to the respondent (Vistaar Finance Pvt Ltd). And in turn respondent (Vistaar Finance Pvt. Ltd) has refunded bid amount of Rs. 15,50,000/- (Rupees Fifteen Lakh Fifty Thousand Only) along with interest

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@ 9% per annum amounting to Rs. 2,83,000/(Rupees Two Lakhs Eighty Three Only) Rupees Thousand to the auction purchaser/proposed respondent on 08/04/2025, vide DD No. 491334, Drawn on Karnataka Bank Vaderahalli Branch at Bangalore.

5. In addition the petitioner had also paid a lump sum of Rs. 6,00,000/- (Rupees Six Lakh Only) vide DD No. 491325 dated 03/04/2025, drawn on Drawn on Karnataka Bank Vaderahalli Branch at Bangalore as full and final settlement of his due towards the respondent (Vistara Finance Pvt Ltd).

6. In view of rescind of auction by auction purchaser and accepting bid amount along with interest totally amounting to Rs. Rs. 2,83,000/(Rupees Two Lakhs Eighty Three Thousand Rupees Only) and therefore, no claim is left over with the auction purchaser.

7. Further, the respondent (Vistaar Finance Pvt Ltd) has also the redelivered physical possession of the petition subject property to the petitioner on 18/04/2025. The copy of Letter dated 18/04/2025, issued by (Vistaar Finance PvtLtd)/respondent is herewith produced for the kind perusal of this Hon'ble Court.

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8. With the indulgence of this Hon'ble Court the parties having achieve quits in the matter and nothing having left for adjudication of this Writ petition in view of settlement arrived, It is prayed that the Honble Court may be pleased to permit the petitioner to withdraw this petition without any as to cost in the interest of justice and equity."

The memo is taken on record.

In light of the same, the petition is dismissed as

withdrawn.

Sd/(S SUNIL DUTT YADAV) JUDGE

NP