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2025 DAILYLAW 18086 (KAR)

M/S M M B BRICKS v. THE AUTHORIZED OFFICER

WP/5277/2025 · 2025-03-26

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:12823 WP No. 5277 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5277 OF 2025 (GM-RES) BETWEEN: 1. M/S M M B BRICKS, PROPRIETORSHIP CONCERNED BY PROP: SMT. MUMTAZ BEGAUM, AGED ABOUT 60 YEARS, NO.956/2, MADDUR VILLAGE. NEAR MALARAPALYA, AMEKERE ROAD, YELANDUR TALUK, CHAMARAJANAGAR DISTRICT-571 313. 2. SMT.MUMTAZ BEGAUM, W/O MUKTHAR PASHA, AGED ABOUT 60 YEARS, NO.21/220, JAMIYA MASJEED MOHALLA, CHAMARAJANANAGAR TOWN, AND DISTRICT-571 313. …PETITIONERS (BY SRI. VEERABHADRA SWAMY H P., ADVOCATE) AND: THE AUTHORIZED OFFICER, CANARA BANK, MYSURU RURAL REGIONAL OFFICE, NO. 1017, YAJAMANA ARCADE, PANCHAMANTRA ROAD, KUVEMPUNAGAR, MYSURU-570 023. …RESPONDENT (BY SRI. HEMANTH R. RAO, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12823 WP No. 5277 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING REF. NO. 6933/154/SALE NOTICE/01/FEB/2025, DATED 17.01.2025 ISSUED BY THE RESPONDENT BANK VIDE ANNEXURE -A SO FAR PETITIONER CONCERN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: "(i) Issue a writ of certiorari so as to quash the Notice bearing Ref.No.6933/154/SALE NOTICE/01/FEB/2025, dated 17.01.2025, issued by the Respondent Bank vide Annexure-A so far petitioners concern. (ii) To issue such any other appropriate direction as this Hon'ble Court may deems fit to grant under the circumstances of the case, by allowing the above petition, in the interest of justice and equity." 2. The learned counsel for the respondent submits that the sale on the said date did not take place, therefore the date of auction has spent itself. It is submitted that the petitioners have not complied the interim order dated 24.02.2025. Learned counsel for the petitioners would not dispute the said position. 3. Be that as it may, since the date of auction is spent itself, the petition has become infructuous. The payment made, - 3 - NC: 2025:KHC:12823 WP No. 5277 of 2025 if any, by the petitioners in pursuance of the interim order passed by this Court, shall be taken note of by the Bank when they want to put the property for auction again. With the aforesaid observation, the Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE BK List No.: 1 Sl No.: 54