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2025 DAILYLAW 34341 (KAR)

MR. JAGADEESH NARAYANA v. SIR. M VISVESVARAYA CO OP BANK LTD.,

WP/99/2025 · 2025-03-04

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9169 WP No. 99 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 99 OF 2025 (GM-RES) BETWEEN: MR. JAGADEESH NARAYANA S/O NARAYANA AGED ABOUT 50 YEARS, R/A NO.05, THULASI NILAYA KANAKAPURA ROAD, PIPELINE, VAJARAHALLI, BANGALORE, KARNATAKA - 560062 (THIRD PARTY/ AGREEMENT HOLDER OF SCHEDULE PROPERTY) …PETITIONER (BY SRI. RAJALAKSHMI V S., ADVOCATE) AND: 1. SIR. M VISVESVARAYA CO-OP BANK LTD., NO.109, CORPORATE OFFICE, SHANKARAPURAM, BANGALORE - 560004 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9169 WP No. 99 of 2025 REP. BY AUTHORISED OFFICE BY ITS GENERAL MANAGER, REGISTERED UNDER CO-OPERATIVE BANK ACT, 1959 2. M/S CHAMUNDI BUILDERS REP. BY PROPRIETOR, SRI C.R. SUNDER, NO.53, 33RD MAIN, 16TH CROSS, J.P. NAGAR, 1ST PHASE, BANGALORE - 560078 (BORROWER/ DEVELOPER OF SCHEDULE PROPERTY) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE RESPONDENT BANKs E-AUCTION SALE NOTICE DTD 08.10.2024 PUBLISHED IN THE NEW INDIAN EXPRESS NEWSPAPER (ANNEXURE-A) SCHEDULING THE AUCTION SALE ON 24.10.2024 IN RESPECT OF SCHEDULE PROPERTY WHICH INCLUDES PETITIONERS IMMOVABLE PROPERTY UNDER SL. NO. 3 IN ANNEXURE-A AS ONE WITHOUT AUTHORITY OF LAW AND ILLEGAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9169 WP No. 99 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner files a memo seeking to withdraw the petition. The memo reads as follows: " MEMO FOR WITHDRAWAL The Advocate for Petitioner humbly submits that this Hon'ble Court may be pleased to dispose of this matter as withdrawn since no sale took place on 24/10/2024 as scheduled in the auction sale notice dated 08/10/2024 which was under challenge in this writ petition and the matter has become infructuous; and this Memo may be taken on record in the interest of justice and equity." 2. In terms of memo, the writ petition is disposed as withdrawn. Sd/- ______________________ JUSTICE M.NAGAPRASANNA KG List No.: 1 Sl No.: 46