- 1 - HC-KAR NC: 2026:KHC:9023 WP No. 16008 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16008 OF 2017 (GM-DRT) BETWEEN: KUMARA SWAMY M. C. S/O. LATE CHANDRAIAH, AGED ABOUT 62 YEARS, A-022, BEARY LAKESIDE HABITAT, NO.18, SHANTHIVANA KODIGEHALLI, BANGALORE-560 009. …PETITIONER (BY SRI. S.VENKATESHWARAN, ADVOCATE) AND: 1. BEARY’S PROPERTIES & DEVELOPMENT PVT. LTD., BEARY HORIZON NO.21 WOOD STREET, BANGALORE-560 025, REPRESENTED BY ITS DIRECTOR MR. SYED MOHAMMED BEARY, MR. ABDUL SIDDIQUE BEARY 2. CHIEF MANAGER STATE BANK OF MYSORE, COFFEE BOARD LAYOUT BRANCH, HEBBAL, KEMPAPURA, BANGALORE-560 024. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9023 WP No. 16008 of 2017 3. HARA PROPERTIES & HOLDINGS HARA HOUSE NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BANGALORE-560 027 4. RECOVERY OFFICER-1 DEBT RECOVERY TRIBUNAL-1, BANGALORE-560 001 5. AUTHORISED OFFICER STATE BANK OF MYSORE, SARC 1ST FLOOR, 3RD BLOCK, BKG COMPLEX, AVENUE ROAD, BANGALORE-560 009 …RESPONDENTS (BY SRI. P.L.VIJAY KUMAR, ADVOCATE FOR C/R5 AND R2 SRI.P.B.APPAIAH, ADVOCATE FOR R1 SMT.SWATHI ASHOK, ADVOCATE FOR R3 R4 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCLAMATION OF SALE DATED 20.03.2017 OF THE SCHEDULE PROPERTY ISSUED BY RECOVERY OFFICER (R-4) BEING HELD ON 27.04.2017 AT ANNEXURE-H (COPY OF THE PROCLAMATION OF SALE NOTICE DATED 20.03.2017). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9023 WP No. 16008 of 2017 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “It is therefore most respectfully prayed that this Hon’ble court graciously be pleased to: i. To quash the proclamation of sale dated 20.03.2017 of the schedule property issued by Recovery officer (Respondent No.4) being held on 27.04.2017 Annexure-H (Copy of the Proclamation of Sale notice dated 20.03.2017). ii. To direct the respondents 2 and 5 of Bank to adhere to the OTS offered and accepted by the Bank and also to initiate proceeding against the Respondent No.1 Builder as per the Tripartite agreement in getting the schedule property registered in petitioner’s name. iii. To direct the Respondent No.3 (Hara Properties and Holdings) to register the schedule property in the name of the petitioner forthwith without any delay. iv. To pass such other orders or orders as this Hon’ble Court may deem fit and proper. 2. Learned counsel for the petitioner has filed a memo stating that as per the order dated 09.06.2025 and as per the State Consumer Disputes Redressal Commission order in EA.No.44/2021, respondent No.1 has agreed to register the schedule residential property in the name of the petitioner. As per the respondents, the petitioner has paid the property tax - 4 - HC-KAR NC: 2026:KHC:9023 WP No. 16008 of 2017 up to date. Hence, in the light of said fact, it is submitted that nothing remains to be adjudicated in this writ petition. Memo is taken on record. 3. Accordingly, the writ petition is dismissed as infructuous. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 2