Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:15791-DB WA No. 100232 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
WRIT APPEAL NO. 100232 OF 2025 (GM-RES) BETWEEN:
1.
M/S. U. K. MINERALS PARTNERSHIP FIRM, NO.75, 1ST FLOOR, MAIN ROAD, J.P. NAGAR, GOKUL ROAD, HUBBALLI 580030.
REPRESENTED BY ITS PARTNER RAGHAVENDRA UPADYA, AGE. 42 YEARS, OCCUPATION. BUSINESS, R/O. #28, SHAKTHI COLONY, GOKUL ROAD, HUBBALLI 580030.
2.
JAYASHREE W/O. NAGARAJ UPADYA AGE. 67 YEARS, OCC. HOUSEHOLD, R/O. #28, SHAKTHI COLONY, GOKUL ROAD, HUBBALLI 580030. …APPELLANTS (BY SRI. DAYANAND M. BANDI, ADVOCATE)
AND:
1.
AUTHORISED OFFICER UNION BANK OF INDIA ASSET RECOVERY BRANCH,
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.25 11:32:41 +0530
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HC-KAR NC: 2025:KHC-D:15791-DB WA No. 100232 of 2025
VEER ANNEX, KUSUGAL ROAD, KESHWAPUR, HUBBALLI 580023.
2.
CHIEF MANAGER/AUTHORISED OFFICER UNION BANK OF INDIA, SAPTAPUR, DHARWAD BRANCH, CTS NO. 37B/2, SAPTAPUR BHAVI, SAPTAPUR, DHARWAD 580001. …RESPONDENTS
(BY SRI. GIRISH S. HULMANI, ADVOCATE)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, PRAYING TO, GRANT THE INTERIM PRAYER AS IT IS SOUGHT IN THE WRIT PETITION NO.102530/2025 PENDING ON THE FILE OF SINGLE JUDGE OF THIS HON’BLE HIGH COURT AND TO STAY THE OPERATION AND EXECUTION OF THE AUCTION SALE NOTICE IN REF.OR/ARBHBL/331/2024-25 DATED 19/03/2025 VIDE ANNEXURE-E TO THE WRIT PETITION AND CONSEQUENTLY TO STAY THE E-AUCTION SCHEDULE TO BE HELD ON 25/04/2025 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
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HC-KAR NC: 2025:KHC-D:15791-DB WA No. 100232 of 2025
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Heard the learned counsel Sri Dayanand M. Bandi for the appellant and learned counsel Sri Girish S. Hulmani for respondents No.1 and 2.
2. This writ appeal filed under Section 4 of the Karnataka High Court Act, 1961 is directed against non- grant of interim prayer under order dated 17.04.2025 in W.P.No.102530/2025.
3. In this appeal, this Court by order dated 24.04.2025 passed the following interim order-
ORDER
“(i) There shall be stay of auction sale notice bearing Ref:OR/ARBHBL/331/2024-25 dated 19.03.2025 vide Annexure-E, scheduled to be held on 25.04.2025. (ii) Further, the appellants shall deposit another Rs.15,00,000/- on or before 02.06.2025. (iii) Failing to pay the above stated amount on or before 02.06.2025, the interim stay of auction sale notice granted shall automatically stands vacated and the respondents/Bank is at liberty to proceed with the sale of the secured property. (iv) List on 04.06.2025.”
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HC-KAR NC: 2025:KHC-D:15791-DB WA No. 100232 of 2025
4. Thereafter, Order dated 14.07.2025 notes that entire amount of ₹1,07,00,000/- as agreed under the OTS agreement has been paid by the appellant to the respondent-Bank.
5. In view of the above development, the present writ appeal questioning the non-grant of interim prayer in W.P.No.102530/2025 would no more survive for
consideration.
6. Accordingly, the writ appeal stands disposed of. Pending applications, if any, are disposed of as not surviving for consideration.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
VMB CT-CMU LIST NO.: 1 SL NO.: 24