- 1 - HC-KAR CNR: KAHC010543052022 NC: 2026:KHC:55011 WP No. 23313 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23313 OF 2022 (GM-DRT) BETWEEN: 1. MR SYED GHOUSE S/O MR SYED BASHEER AHMED AGED ABOUT 45 YEARS R/AT DOOR NO.25, HENA MANZIL HUDCO BANNIMANTAPA 2ND STAGE, OPP TO TIPPU MASQUE, MYSURU-570015. …PETITIONER (BY SRI. VINOD PRASAD, ADVOCATE) AND: 1. HOUSING DEVELOPMENT FINANCE CORPORATION LTD REG OFFICE AT RAMON HOUSES B T PAREKH MARG 169, BACKBAY RECLAMATION CHUREHGATE, MUMBAI-400020 BY ITS MANAGING DIRECTOR 2. M/S HOUSING DEVELOPMENT FINANCE CORPORATION LTD NO.6, JTK EXTN, AADI CHUNCHANAGIRI ROAD, KUVEMPU NAGAR, MYSORE-570023 BY ITS AUTHORIZED OFFICER 3. MOHAMMED SALAR S/O MR MOHAMED AMJAD HUSSAIN R/AT FLAT NO.B-201 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010543052022 NC: 2026:KHC:55011 WP No. 23313 of 2022 2ND FLOOR, KEERTHI ROYAL FORMS, HOSUR ROAD, NXT TO BMW SHOWROOM BANGALORE-560100. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1 AND R2; SRI. MANAMOHAN .P.N, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 BANK TO ACCEPT BALANCE OF LOAN AMOUNT FROM THE PETITIONER AFTER TRANSFERRING THE LOAN IN THE NAME OF THE PETITIONER; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed by the Agreement Holder seeking a writ in the nature of mandamus directing respondent No.2 to accept the balance loan amount and transfer the loan in the name of the petitioner. 2. The learned counsel appearing for the respondents - Bank submits that the bank has conducted an auction, the successful bidder has deposited the entire Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010543052022 NC: 2026:KHC:55011 WP No. 23313 of 2022 auction amount and the Sale Certificate was issued on 17.02.2023. 3. In the light of submission made by the learned counsel appearing for the respondent - Bank, this writ petition has been rendered infructuous. Therefore, this writ petition is dismissed as having become infructuous. However, this order will not come in the way of the petitioner in enforcing his right in the pending suit for specific performance. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 13 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified