- 1 - HC-KAR NC: 2026:KHC:3672 WP No. 5275 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5275 OF 2025 (GM-CPC) BETWEEN: 1. MRS. VANDANA GOPAL SHINDE W/O.GOPAL PANDURANGA SHINDE AGED ABOUT 55 YEARS, R/AT FLAT NO.246, 4TH FLOOR RAJANIGUNDHA GARDEN APRT., NO.21, VITTAL MALLYA ROAD, BANGALORE – 560 001 2. MR. GOPAL PANDURANGA SHINDE S/O. PANDURANG SHINDE AGED ABOUT 54 YEARS R/AT FLAT NO.246, 4TH FLOOR RAJANIGUNDHA GARDEN APRT., NO.21, VITTAL MALLYA ROAD BANGALORE – 560 001 …PETITIONERS (BY SRI. JAYAPRAKASH SHETTY B., ADVOCATE) AND: M/S OMKAR INVESTMENTS AND FINANCE NO.201/1, 1ST FLOOR, SHIVA KRUPA 5TH CROSS, 3RD MAIN ROAD, CHAMARAJPET, BANGALORE – 560 018 REPRESENTED BY ITS PROP.: SRI. S. T. RANKA, S/O. SRI. LATE. BORIDASJI SUGANDCHAND RANKA AGED ABOUT 71 YEARS REPRESENTED BY HIS SPA HOLDER V. RADHAKRISHNAN S/O. LATE VENKATARAMAIAH …RESPONDENT (BY SRI. MAHENDRANATH N., ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3672 WP No. 5275 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE COM.EX.NO. 492/2022 WHICH IS PENDING ON THE LXXXIII ACCJ BANGALORE (CCH-84) ANNX-C AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioners has filed a memo of even date, which reads as under: “In the above case, the petitioners have questioned the proclamation of sale notice issued on 27.01.2025 that the schedule property would be auctioned on 27.02.2025. During the courses of this, the settlement reached between the parties herein, and Decree holder has executed the discharge certificate in favour of the petitioner. In this backdrop, the commercial court was pleased to close the Com.Ex.No.492/2022 by order dated 14.11.2025. Therefore, the above case does not survive for any consideration and it has become infructuous. Therefore, it is prayed that this Hon’ble court may be pleased to permit the petitioner to withdraw the above case, as it has become infructuous, in the interest of justice and equity.” 2. The said memo is placed on record. - 3 - HC-KAR NC: 2026:KHC:3672 WP No. 5275 of 2025 3. In view of the aforesaid memo, the petition is disposed of has having become infructuous. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 47