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2025 DAILYLAW 25508 (KAR)

SHRI KRISHNA K R v. THE AUTHORISED OFFICER

WP/14901/2021 · 2025-01-30

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:4391 WP No. 14901 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 14901 OF 2021 (GM-RES) BETWEEN: SHRI KRISHNA.K.R. AGED ABOUT 54 YEARS, FLAT NO. DT -2, 3RD FLOOR, BLOCK 'D', 'G.R.GRAND RESIDENCY' KHATHA NO. 232 AND 234, PRESENTLY BEARING NO. 362, JARAGANAHALLI, KANAKAPURA ROAD, J.P.NAGAR, BANGALORE. …PETITIONER (BY SRI. RUDRAPPA.P., ADVOCATE) AND: THE AUTHORISED OFFICER, BANK OF BARODA, NO. 147, 4TH CROSS, NEAR SB ASHRAM, SARAKKI 3RD PHASE, J.P.NAGAR, BANGALORE. …RESPONDENT (BY SRI. P.CHITHRA NIRMALA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:4391 WP No. 14901 of 2021 ORAL ORDER Sri.Rudrappa.P., counsel for the petitioner has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Auction Sale Notice dated 03.08.2021 issued by the respondent Bank in respect of the petitioner's property vide Annexure-B. 3. Counsel for the petitioner has urged several contentions. Heard the arguments and perused the Writ papers with care. 4. This Court vide order dated 18.08.2021 granted interim order subject to deposit of Rs.10,00,000/- (Rupees Ten Lakhs only) on 18.08.2021. A perusal of the office note and the daily order sheet reflects that the petitioner has not complied with the order dated 18.08.2021. Moreover, the Auction Sale Notice is dated 03.08.2021. Now we are in the month of January 2025. It's been four years. Due to efflux of time, the notice has spent by itself as of today. Hence, nothing survives - 3 - NC: 2025:KHC:4391 WP No. 14901 of 2021 for consideration in the Writ Petition at this juncture. I decline to exercise power under writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 44