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2025 DAILYLAW 17031 (KAR)

SRI B V SATHYA MURTHY v. THE AUTHORIZED OFFICER

WP/4669/2021 · 2025-01-17

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:1969 WP No. 4669 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 4669 OF 2021 (GM-RES) BETWEEN: SRI B.V.SATHYA MURTHY S/O B.S.VISHWANATH, AGED ABOUT 62 YEARS, R/AT NO.611/C, 9TH MAIN ROAD, 2ND PHASE, J.P.NAGAR, BANGALORE-560 078. …PETITIONER (BY SRI. KISHAN SHETTY., ADVOCATE FOR SRI. SHARATH KUMAR SHETTY., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER, KARNATAKA BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH, 3RD FLOOR, KARNATAKA BANK BUILDING, KODIALBAIL, MANGALORE-575 003. 2. SRI K.S.SURYANARAYANA S/O LATE SRINIVASA SETTY, AGED ABOUT 47 YEARS, R/AT NO.42/B, N4/1B, THEO BOID, 1ST CROSS, NAZARABAD, MYSORE-570 010. …RESPONDENTS (BY SRI. C.S.SATISH., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1969 WP No. 4669 of 2021 THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Kishan Shetty., counsel on behalf of Sri.Sharathkumar Shetty., for the petitioner has appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Directing the first respondent to receive the loan dues in respect of the premises and release the Original documents in favour of petitioner which is in the custody of the first respondent. (b) Directing the first respondent not to conduct the public auction sale as per Annexure-C dated:02.02.2021 issued by the first respondent, E-Auction/ Sale fixed on 09.03.2021. 3. Heard the arguments and perused the Writ papers with care. 4. Counsel Sri.Kishan Shetty., on instruction submits that the petitioner has cleared the Loan account. Counsel therefore, submits that an appropriate order may be passed. - 3 - NC: 2025:KHC:1969 WP No. 4669 of 2021 The oral submission made by counsel for the petitioner is placed on record. 5. Because of the closure of the Loan account by the petitioner, nothing survives for consideration in the Writ Petition. 6. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 34