Serial No. 29 SUPPLEMENTARY LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(4257/2025) IN WP(C) 13/2025 M/S DREAM LAND BUILDERS …Petitioner/Appellant(s) Through: Mr. F.A Wani, Advocate Vs. JAMMU AND KASHMIR BANK LIMITED AND ANR. ...Respondent(s) Through: Mr. Shafqat Nazir, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE. HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE. ORDER 22.07.2025 CM No. 4257/2025 in WP(C) 13/2025 1. This is an application seeking modification of order dated 07- 07-2025 passed by this Court in the matter. The vacation/modification of the interim order has been sought on the ground that the auction in respect of secured asset has already taken place and the prospective buyer has already deposited an amount of Rs. 1,37,50,000/- and is ready to deposit the balance amount for confirmation of sale and issuance of Sale Certificate. He submits that because of pendency of this petition, the auction proceedings could not be taken to its logical end. 2. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the writ petition, as a whole, is rendered infructuous. 3. For facility of reference the prayer clause of the petition is reproduced herein below:- “Certiorarified Mandamus, thereby the quashing the possession, redemption and the E-auction notice forming annexure I of the writ petition while commanding upon the Respondent Banker consider the petitioner’s settlement plea of settlement of dues under the Measures of Assets Reconstruction embodied in Sec. 9 of the SARFAESI ACT. Any other writ order or direction as is deemed expedient may kindly be issued in favour of the petitioner and against the respondents as for the act the petitioner as in duty bound shall ever pray”. 4. From reading of the prayer clause, it clearly transpires that what is claimed by the petitioner cannot be granted after the secured asset has been put to auction and the prospective buyer has even deposited the advance amount. 5. As a matter of fact, because of the non-compliance of the interim orders passed by this Court on 02-01-2025 and 05- 03-2025, the respondent Bank proceeded with the auction process. As is submitted in the application, the auction process has been completed to the extent that the prospective buyer has made the advance payment and is ready to deposit the balance amount. 6. In view of the aforesaid development, the relief of the claiming possession of the property and seeking redemption of the mortgage has been rendered infructuous. Even today, the petitioner could not comply with the orders passed by this Court, which required him to deposit the sum of Rs. 2.00 Crores. 7. Viewed from any angle, this petition does not hold any merit and the same is accordingly dismissed. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 22.07.2025 Akhil Dev Whether the order is speaking/reportable? Yes/No.