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2026 DAILYLAW 46395 (KAR)

H. M. NINGACHARI v. CHIKMAGALUR PATTANA SAHAKARA BANK NIYAMITA

WP/24347/2018 · 2026-01-07

M G S Kamal

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:789 WP No. 24347 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 24347 OF 2018 (GM-RES) BETWEEN: H. M. NINGACHARI S/O. H.M. MALLACHARI, AGED ABOUT 49 YEARS, RESIDING AT: HAMPAPURA VILLAGE, JYOTHINAGAR POST, CHIKAMAGALUR - 577 102. …PETITIONER (BY SRI. DATTA PRASAD G.,ADVOCATE) AND: CHIKMAGALUR PATTANA SAHAKARA BANK NIYAMITA K.M. ROAD, NEAR HANUMANTAPPA CIRCLE, CHIKMAGALURU - 577 101. REP. BY ITS MANAGER. …RESPONDENT (BY SRI. MOHAN K N.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER 03.05.2018 DATED ISSUED BY THE RESPONDENT BANK, FOR AUCTION OF THE IMMOVABLE PROPERTY OF THE PETITIONER, AS ILLEGAL, UNJUST AND VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:789 WP No. 24347 of 2018 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Learned counsel for the petitioner submits that the entire amount due and payable to the respondent-Bank has been paid and the same is confirmed by the learned counsel appearing for the respondent-Bank. Learned counsel for the petitioner has filed a memo to this effect, memo reads as under: MEMO ''Undersigned counsel for the petitioner seeking kind leave of this hon'ble Court to submit that the loan amount which is the matter of contention have been fully settled by the petitioner and respondent-Bank have also issued NOC for that. Hence, I request this hon'ble Court to dispose simple imprisonment for the petition since it has become infructuous in the interest of justice and equity. '' Petition is dismissed as having become infructuous. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 18