- 1 - HC-KAR NC: 2025:KHC:25409 WP No. 8095 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8095 OF 2023 (GM-RES) BETWEEN: 1. SRI. NITHIN A S/O ANNAPPA AGED ABOUT 35 YEARS R/A NO.4/13, GROUND FLOOR, 4TH CROSS, 9TH MAIN, NEAR VINAYAKA HAIR STYLE, HANGASANDRA, BANGALORE SOUTH, BANGALORE-560 068 2. SRI. SRINIVASA S/O LATE NANJUNDAPPA AGED ABOUT 41 YEARS GURGANJI GURKI VILLAGE, THYAVANAHALLI POST, VAKKALERI HOBLI KOLAR DISTRICT-563 133 3. SMT. RADHA R W/O RAVI R AGED ABOUT 35 YEARS R/AT BASAPANADODDI VILLAGE AND POST, CHAMARAJA NAGARA DISTRICT KOLLEGALA TALUK-571 440 4. SMT. M.S SUDHA W/O NAGARAJU AGED ABOUT 42 YEARS LAKSHMIPURA GRAMA, NARAGALLU POST, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25409 WP No. 8095 of 2023 ANDANAGERE HOBLI, CHIKKANAYAKANAHALLI TALUK TUMKUR DISRICT-572 214 …PETITIONERS (BY SRI. BHARGAV G, ADVOCATE) AND: M/S CHOLAMANDALAM INVESTMENT & FINANCE COMPANY LIMITED, HAVING ITS BRANCH OFFICE AT MUNICIPAL NO.45, PRESTIGE LIBRA, 2ND FLOOR, ABOVE PASSPORT OFFICE, LALBAGH ROAD, BENGALURU-560 027 NON BANKING FINANCIAL CO(NBFC) …RESPONDENT (BY SRI. FRANCIS XAVIER, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DTD 30.01.2023 PASSED BY THE CHIEF METROPOLITAN MAGISTRATE BENGALURU IN CRL. MISC NO.6394/2022 VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25409 WP No. 8095 of 2023 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed by the tenants challenging the order dated 30.01.2023 passed in Crl.Misc.No.6394/2022 at Annexure-A which order has permitted the respondent-Bank to take possession. 2. Learned counsel for the respondent-Bank has filed a memo and stated that the property has been sold through E-auction and Sale Certificate has been issued on 27.11.2024. In the interregnum, the petitioners have vacated their premises and the physical possession was handed over to the auction purchaser along with the Sale Certificate, letters given by the petitioners-tenants are enclosed. 3. The memo produced along with the letters of petitioner Nos.1 and 2 and a letter by Sri Nagraju, who is the husband of petitioner No.4 is placed on record. Insofar as submission that petitioner No.3 has vacated the - 4 - HC-KAR NC: 2025:KHC:25409 WP No. 8095 of 2023 premises; memo to that effect has been filed on behalf of the Bank. 4. In light of the same, petitioners having vacated the premises, the present petition does not survive for consideration and the petition is disposed off, taking note of the memo filed by the learned counsel for the respondent-Bank regarding tenants having handed over the possession. 5. In view of disposal of the petition, the interlocutory applications would not survive and stands accordingly disposed off as not calling for adjudication. Sd/- (S SUNIL DUTT YADAV) JUDGE CR List No.: 1 Sl No.: 2