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2025 DAILYLAW 45549 (KAR)

SMT B C DEEPU v. M/S AADHAR HOUSING FINANCE LIMITED

WP/18951/2021 · 2025-02-21

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:7847 WP No. 18951 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 18951 OF 2021 (GM-RES) BETWEEN: SMT. B.C.DEEPU W/O M.VISHWANATH, AGED ABOUT 41 YEARS, R/O NO. 25, 2ND CROSS, 'A' BLOCK, AGRAHARA DASARAHALLI, BENGALURU-79. REPRESENTED BY HER GPA HOLDER, SRI.B.N.SHANKARAIAH, S/O NINGAIAH, AGED ABOUT 71 YEARS, R/O NO.73, 7TH CROSS, HOYSALANAGAR, VISHWANEEDAM POST, BENGALURU-560 091. …PETITIONER (BY SRI. SHIVAYOGESH SHIVAYOGIMATH., ADVOCATE FOR SMT. RATNA.N.SHIVAYOGIMATH., ADVOCATE) AND: 1. M/S. AADHAR HOUSING FINANCE LIMITED, NON-BANKING FINANCE COMPANY, INCORPORATED UNDER COMPANIES ACT 1956, REGULATED UNDER THE PROVISIONS OF NATIONAL HOUSING BANK ACT, 1987, FORMERLY KNOWN AS DHFL VYSYA HOUSING FINANCE LTD., HAVING ITS REGISTERED OFFICE AT: NO.3, 8TH 'A' MAIN, SAMPANGIRAMANAGARA, BENGALURU-560 027. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7847 WP No. 18951 of 2021 REPRESENTED BY ITS AUTHORISED OFFICER. MR. MANJUNATH.K.R., S/O LATE RAJANNA. 2. SRI. KIRAN KUMAR.N S/O LAKSHMI AND JAYARAMA, AGED ABOUT 36 YEARS, 3. SMT. NETRAVATHI.C.G. W/O SRI. KIRAN KUMAR.N, AGED ABOUT 30 YEARS, BOTH ARE R/O NO. 76/D, THUNGANAGAR, HEROHALLI, VISHWA NEDDAM POST, BENGALURU-560 091. …RESPONDENTS (BY SRI. B.S.ARAVINDA BABU., ADVOCATE FOR R1) 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, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shivayogesh Shivayogimath., counsel on behalf of Smt.Ratna.N.Shivayogimath., for the petitioner has appeared through video conferencing. Sri.B.S.Aravinda Babu., counsel for respondent No.1 has appeared in person. - 3 - NC: 2025:KHC:7847 WP No. 18951 of 2021 Counsel for the petitioner on instructions submits that the Writ Petition may be dismissed as having become infructuous. When queried, counsel for the petitioner submits that a conscious decision is taken by him and the petitioner about infructuous of the Writ Petition and if an order is passed, they shall not seek for recalling the same. The oral submission made by counsel for the petitioner is placed on record. The Writ Petition is dismissed as having become infructuous. Counsel for the petitioner further submits that pursuant to the interim order the petitioner has deposited the amount before this Court. Counsel therefore, submits that the office may be directed to refund the amount in deposit in favor of the petitioner. Counsel for respondent No.1 submits that he has no objection for the same. - 4 - NC: 2025:KHC:7847 WP No. 18951 of 2021 Taking note of the submission, the Registry concerned is hereby directed to refund the amount in deposit in favor of the petitioner on proper identification. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 5