The High Court dismissed Writ Petition No. 2404 of 2015 filed by petitioners against State Bank of Mysore as infructuous, noting the counsel's submission that the cause of action no longer survived.
Petition dismissed as infructuous; interim orders vacated; no order as to costs.
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.
[3405l
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Speciat Original .turisdiction)
TUESDAY, THE TWENrySIXTH DAYOF NOVEMBER TWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PE TITIO N NO:22104 oF 2015
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ, order or direction more particu.rarry one in the nature of writ of Mandamus seftrng aside the E-Auction cum sare Notice dated o3-01_2015 issued by respondents under Rure g (6) of the security rnterest Enforcement Rules 2002 which is in vioration of Articre 14 and 300-4 of constitution of lndia and consequentry stay the auction for sare of property of the petitioners vide prot No 4, Sy-Nos. 59g and 599, H.No.7-184t1, Sai Nagar corony, Ghatkesar Mandar, Ranga Reddy District.
l.A. NO: 10F 2015 PMP. NO:32010F2015)
Petition under section r 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to stay the auction for sare oi'property of the petitioners vide prot No. 4, sy.Nos. 5gg and 599, H.No. 7-19411 , Sar Nagar corony, Ghatkesar Mandar, Ranga Reddy District.
Counsel for the Petitioner : SRI M.A.K.MUKHEED
Counsel for the Respondents:
The Court made the following: ORDER
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION NO.24O4 OF 2015
Mr. M A K Mukheed, learned counsel for the petitioners
ORDER:
Learned counsel appearing for the petitioners submits that the writ petition has become infructuous as the cause of action no longer survives.
SD/-P.PADMANABHA REDDY ASSISTANT REG/STRAR
//TRUE COPY//
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HIGH COURT
DATED:2611112024
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ORDER
WP.No.2404 of 2015
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
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2 issues framed by the court
Whether a writ petition becomes infructuous when the cause of action no longer survives.
Whether source application under Section 151 CPC should be stayed pending auction.
2 provisions across 2 enactments
Koteswera Rao
A. Bhavani
General Manager, State Bank of Mysore
MOUSHUMI BHATTACHARYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
