- 1 - NC: 2025:KHC:627 WP No. 31599 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.31599 OF 2024 (CS-RES) BETWEEN: SMT. PRABHAVATHI NAGARAJ, AGED ABOUT 60 YEARS, WIFE OF LATE G.S.NAGARAJ, RESIDING AT 1ST CROSS, RAVINDRANAGAR, SHIVAMOGGA - 577 201 (THE PETITIONER IS NOT CLAIMING BENEFIT OF SENIOR CITIZEN) …PETITIONER (BY SMT. BHAGEERATHI V., ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES AND THE DEPARTMENTAL ARBITRATOR CO-OPERATIVE BUILDING RTO ROAD, SHIVAMOGGA - 577 201. 2. THE MANAGING DIRECTOR SHIVAMOGGA DCC BANK LTD., HAVING ITS HEAD OFFICE AT BALRAJ URS ROAD SHIVAMOGGA - 577 201. 3. THE RECOVERY OFFICER SHIVAMOGGA DCC BANK LTD., Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:627 WP No. 31599 of 2024 HAVING ITS HEAD OFFICE AT BALRAJ URS ROAD SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1; SRI. DAYANANDA S. PATIL C/R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 FO THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE DATED 30/10/2024 IN TO. NO.2893/2024-25 ISSUED BY THE R3 FIXING THE AUCTION ON 05/12/2024 IN RESPECT OF THE SCHEDULE PROPERTIES AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has called in question the auction notice dated 30.10.2024 in TO.No.2893/2024-25 issued by respondent No.3 fixing the auction on 05.12.2024 in respect of the schedule item Nos.1 and 2 of the writ petition. 2. Learned counsel for respondent Nos.2 and 3 submit that the auction which was fixed on 05.12.2024, in respect of the schedule property, on the said date auction - 3 - NC: 2025:KHC:627 WP No. 31599 of 2024 has not taken place and as such, the petition has rendered infructuous. 3. Learned counsel for the petitioner concedes to the submission of the respondents. 4. For the reason that the auction which was scheduled on 05.12.2024, was not proceeded with, the present petition challenging the sale notice has become infructuous. Accordingly, the writ petition is dismissed as having become infructuous. 5. Pending I.A's does not survive for consideration. Sd/- (JUSTICE K.S. HEMALEKHA) TMP List No.: 1 Sl No.: 13