- 1 - NC: 2025:KHC:5477 WP No. 35823 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 35823 OF 2024 (GM-RES) BETWEEN: 1. M S DILIP S/O SUNDARA VASULU NAIDU.M AGED ABOUT 38 YEARS 163, 3RD MAIN, 5TH CROSS, PRAKASHNAGAR, BENGALORE-560021 2. SMT.SUBBALAKSHMI W/O SUNDARA VASULU NAIDU.M AGED ABOUT 63 YEARS 3. SUNDARA VASULU NAIDU.M S/O KUCHEL NAIDU AGED ABOUT 68 YEARS PETITIONERS NO.2 & 3 ARE R/AT NO.31, 7TH CROSS, 2ND MAIN, RANGAPPA LAYOUT, BANASHANKARI, BANGALORE 560028 …PETITIONERS (BY SRI. RAVI PRAKASH V., ADVOCATE) AND: KADAMBA SOUHARDA SAHAKARI SANGHA NIYAMITA 740, 10TH MAIN, 4TH BLOCK, JAYANAGAR, BANGALORE-560011 REP. BY ITS CHIEF EXECUTIVE OFFICER ..…RESPONDENT (BY SRI. C.S. SATHISH., ADVOCATE) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5477 WP No. 35823 of 2024 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE DTD 06.08.2024 ISSUED BY RESPONDENT BANK VIDE ANNX-C TO THIS WP AND CONSEQUENTLY DIRECT THE RESPONDENT BANK TO RESTORE THE POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the petitioners has filed a memo dated 21.01.2025 stating that the prayer made in the writ petition has become infructuous, since the secured assets have been sold in the auction. Therefore, the petitioners will have to raise a challenge to the auction sale. 2. The memo is taken on record subject to all just exceptions. - 3 - NC: 2025:KHC:5477 WP No. 35823 of 2024 3. Accordingly, the writ petition stands dismissed as withdrawn, while reserving liberty to the petitioner as prayed for. Sd/- (R DEVDAS) JUDGE JT/- CT: JL