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2025 DAILYLAW 88563 (KAR)

SMT. SOUBHAGYAMMA v. LIC HOUSING FINANCE LTD.,

WP/31788/2024 · 2025-10-29

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:43546 WP No. 31788 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 31788 OF 2024 (GM-DRT) BETWEEN: 1. SMT. SOUBHAGYAMMA W/O NANJAPPA, AGED ABOUT 58 YEARS, NO.323, ASHWATH NAGAR, KEBBEKANA MAIN ROAD, THANISANDRA, BENGALURU – 560 045 2. MR. MAHESH KUMAR T N AGED ABOUT 38 YEARS, NO.323, ASHWATH NAGAR, KEBBEKANA MAIN ROAD, THANISANDRA, BENGALURU – 560 045 …PETITIONERS (BY SRI. CHIDANANDA SWAMY B.A., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43546 WP No. 31788 of 2024 AND: LIC HOUSING FINANCE LTD., NO.15/1, HAYES CENTRE, HAYES ROAD, BENGALURU – 560 025 REPRESENTED BY ITS AUTHORIZED OFFICER SMT. SUJATHA …RESPONDENT (BY SRI. UMASHANKARA S., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE E-AUCTION SALE NOTICE ISSUED BY THE RESPONDENT BANK WHICH IS RECEIVED BY THE PETITIONERS ON 14.11.2024 VIDE AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:43546 WP No. 31788 of 2024 ORAL ORDER Learned counsel appearing for the petitioners has filed a memo seeking withdrawal of this writ petition. 2. Learned counsel appearing for the respondent submits that the petitioners have obtained the interim order in this writ petition on 28.11.2024, whereby the petitioners were directed to deposit a sum for Rs.30,00,000/- on or before 04.12.2024 and another sum of Rs.50,00,000/- for weeks from thereafter, failing which, the interim order automatically stands vacated and the respondent is at liberty to proceed in accordance with law. It is submitted that now the petitioners have approached the Debt Recovery Tribunal. It is further submitted that it is nothing but a pure abuse of process of law. 3. As the petitioners have already approached the DRT and considering the memo filed by the learned counsel for the petitioners, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed as withdrawn. - 4 - HC-KAR NC: 2025:KHC:43546 WP No. 31788 of 2024 ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 26