Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3800 WP No. 28025 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 28025 OF 2024 (GM-DRT) BETWEEN:
1.
SRI BALAJI ENTERPRISES A PROPRIETORSHIP CONCERN, HAVING ITS OFFICE / PLACE OF BUSINESS AT NO.78, TANK BUND ROAD, NEAR SAVITHRI CONVENT, ITTIGEGUD, MYSURU-570 010, REP. BY M.S.NARESH BABU, PROPRIETOR
2.
MR. M.S. NARESH BABU, AGED 56 YEARS, S/O SRI. K.V. SATHYANARAYANA, RESIDING AT NO.36, 2ND STAGE, GAYATHRIPURAM, MYSURU-570 010
…PETITIONERS (BY SRI. KRISHNAPPA N R., ADV.)
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:3800 WP No. 28025 of 2024
AND:
1.
CANARA BANK NANJUMALIGE BRANCH, NO.888A, LAKSHMIPURAM, MYSURU-570 004, BY ITS MANAGER.
2.
THE AUTHORIZED OFFICER UNDER SARFAESI ACT 2002, CANARA BANK, NANJUMALIGE BRANCH, No.888A, LAKSHMIPURAM, MYSURU-570 004.
…RESPONDENTS (BY SRI. VIGNESH SHETTY, ADV, FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DTD. 05.10.2024 ISSUED BY R-2 SEIZING THE HOUSE PROPERTY OF P-2 COPY OF THE SAME IS PRODUCED AT ANNX-E, GRANT AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION OF SALE NOTICE DTD.
05.10.2024 ISSUED BY R-2 AND KEEPING FOR PUBLIC AUCTION ON 28.10.2024 THE COPY OF THE SAME IS PRODUCED AT ANNX-E.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:3800 WP No. 28025 of 2024
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioners filed this writ petition challenging the sale notice dated 05.10.2024 issued by respondent No.2.
2.
Learned counsel for the respondent-Bank submits that, the sale has not taken place on 05.10.2024. Hence, she submits that the writ petition has rendered infructuous.
3. The petitioner has challenged the sale notice dated 05.10.2024, wherein the date of sale was fixed on 28.10.2024 and the said proceedings has not taken place. In view of the same, nothing survives for consideration in this writ petition.
Accordingly, writ petition is dismissed as having rendered infructuous.
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HC-KAR NC: 2026:KHC:3800 WP No. 28025 of 2024
In view of dismissal of the petition, I.A.No.1/2024 does not survive for consideration. Accordingly, disposed off.
Sd/- (ASHOK S.KINAGI) JUDGE
SSB