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2025 DAILYLAW 20320 (KAR)

SMT. RAJESHWARI S (LESSEE) v. HDB FINANCIAL SERVICES LTD.,

WP/7265/2025 · 2025-04-09

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:15365 WP No. 7265 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7265 OF 2025 (GM-DRT) BETWEEN: SMT. RAJESHWARI S., (LESSEE) W/O SRI RENUKESH H. R., AGED ABOUT 54 YEARS NO.244, 4TH “B” MAIN ROAD 4TH STAGE, 4TH BLOCK BASAVESHWARA NAGAR BENGALURU – 560 079. …PETITIONER (BY SRI CHANDRASHEKAR H. B., ADVOCATE) AND: 1. HDB FINANCIAL SERVICES LTD., REPRESENTED BY ITS AUTHORIZED OFFICER'S BRANCH OFFICE NO. 195/38 1ST FLOOR, HDFC BUILDING 10TH CROSS, WILSON GARDEN BENGALURU – 560 027. 2. SHIVASHREE WINES NO.36-46-105 MAGADI MAIN ROAD PRASHANTH NAGAR BENGALURU – 560 079. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15365 WP No. 7265 of 2025 3. NAGAMMA MUNISWAMAPPA W/O LATE KEMPREGOWDA AGED ABOUT 55 YEARS. 4. DEEPAK K., S/O LATE KEMPREGOWDA BOTH ARE RESIDING AT NO.244 4TH MAIN ROAD, 4TH BLOCK 4TH STAGE, MAGADI MAIN ROAD DASARAHALLI, BENGALURU - 560 079. AND ALSO AT NO.34-2 MAGADI MAIN ROAD AGRAHARA DASARAHALLI BENGALURU - 560 079. …RESPONDENTS (BY SRI B.C.AVINASH, ADVOCATE FOR C/R-1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD. 07.03.2025 PASSED BY THE HON’BLE DEBT RECOVERY TRIBUNAL IN SA NO. 152/2025 PRODUCED AT ANNX-F AND CONSEQUENTLY GRANT THE ORDER OF STAY BY STAYING THE OPERATION AND EXECUTION OF THE AUCTION SALE NOTICE BY ALLOWING IA NO.2/2025 PRODUCED AT ANNX-F1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:15365 WP No. 7265 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for respondent No.1 – finance submits that the sale has not taken place on the intended date; the date of sale has spent itself and the petition is rendered infructuous. He would also submit that the interim order is also not complied with. 2. In the light of the said submissions, the writ petition is disposed as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 65 CT:SS