- 1 - HC-KAR NC: 2025:KHC:53324 WP No. 29193 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 29193 OF 2025 (GM-DRT) BETWEEN: SRI N S SURESH CHANDRA BABU AGED ABOUT 49 YEARS, SON OF N.SOMASHEKAR R/AT NEW SAYYAJI RAO ROAD, MANDI MOHALLA, MYSORE-570021. …PETITIONER (BY SRI. BHARATH K., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER SMFG INDIA HOME FINANCE CO. LTD, (FORMERLY KNOWN AS FULLERTON INDIA HOME FINANCE CO.LTD) STATE OFFICE AT - 3RD FLOOR, RAJA GLITZ, KH ROAD, BENGALURU-560027 REP. BY ITS CHIEF MANAGER MR. RAVIKIRAN K. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53324 WP No. 29193 of 2025 2. SR. RAJESH B G SON OF GOPALAIAH, AGED MAJOR, R/AT A 505, ADARSH VIHAR, 5/1 BANNERGHATTA ROAD, DHARMARAM COLLEGE, BANGALORE- 560029. …RESPONDENTS (BY SRI. SURESH V., ADVOCATE FOR R1 SRI MANJUNATH B.S., ADVOCATE FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING/SETTING ASIDE THE IMPUGNED ORDER DATED 31.07.2025 PASSED IN S.A. NO. 79/2025 BY THE DEBT RECOVERY TRIBUNAL-II, BANGALORE DISMISSING THE APPLICATION FILED BY THE PETITIONER ON MERE TECHNICAL GROUND VIDE ANNEXURE-A THUS VIOLATING THE CONSTITUTIONAL AND LEGAL RIGHT OF THE PETITIONER AS ENSHRINED IN ARTICLE 300A OF THE CONSTITUTION OF INDIA IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:53324 WP No. 29193 of 2025 ORAL ORDER The writ petition is filed seeking the following prayer: "PRAYER WHEREFORE, it is prayed that this Honourable Court may be pleased to: a. Issue a Writ in the nature of Certiorari, quashing/setting aside the impugned order dated 31.07.2025 passed in S.A.No.79/2025 by the Debt Recovery Tribunal-II, Bangalore dismissing the application filed by the Petitioner on mere technical ground vide ANNEXURE-A; thus violating the constitutional and legal right of the Petitioner as enshrined in Article 300A of the Constitution of India; in the interest of justice. b. Consequently, set aside the impugned Sale Certificate dated 20.02.2025 issued by the respondent Bank in favour of the 2nd Respondent at ANNEXURE-Z in the interest of justice; c. Further issue any appropriate writ or direction, permitting the Petitioner to redeem the petition schedule property in such terms and conditions as this Hon'ble Court may deem fit in the facts and circumstances of the case. d. Pass any such order or direction as deemed fit in the facts and circumstances of the case, in the interest of justice and equity." 2. There is no interim order passed by this Court. - 4 - HC-KAR NC: 2025:KHC:53324 WP No. 29193 of 2025 3. A memo is filed by the learned counsel for the petitioner seeking permission to withdraw the writ petition as not pressed. 4. The memo is taken on record and accordingly, the writ petition is dismissed as withdrawn. i. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG CT:bms List No.: 1 Sl No.: 80