IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR.JUSTICE K. SOMASHEKAR WRIT PETITION NO.65643 OF 2016(L-RES) AND WRIT PETITION NOS.4307-4308 OF 2017 BETWEEN:
Islamia Institute of Technology, National park Road, Hulimavu Post, Bangalore-560 076, Represented by its General Secretary. …. Petitioner (By Sri.R.Kothwal, Advocate) AND:
1. Islamia Institute of Technology Employees Union (R), No.52, Shanuboganahalli, Bannerghatta Post, Bangalore North Taluk, Bangalore-560 083.
Represented by its Secretary.
2. Shri Haji Mohammed Imitaz, S/o.Late T.Abdul Khayum, Aged about 65 years, R/at No.2360, 19th Cross, K.R.Road, Bangalore – 560 070. ….Respondents (By Sri. Satheesh K., Advocate for Sri. Subba Rao, Advocate, for R1: Sri.B.S.Gurudath, Advocate for R2) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated:15.11.2016 IA.No.5 passed by the Addl. City Civil Court, Bangalore, settling the terms of the proclamation of sale on 28.12.2016 intending to auction the suit schedule properties belonging to the petitioner institution which is the subject matter of execution No.940/2014 on the file of the Hon’ble City Civil Judge of Bengaluru vide Annexure-A.
These writ petitions coming on for preliminary hearing in ‘B’ Group, this day, the Court made the following:
ORDER Learned counsel for the petitioner is present. He has field a memo stating that the writ petitions arise out of the Execution Petition No.940/2014 and the said Execution petition came to be dismissed on 27.09.2019. Therefore, these writ petitions have become infructuous.
2. The memo is placed on record.
3. The writ petitions are dismissed as having become infructuous.
4. Consequent upon the disposal of the writ petitions, I.A.Nos.2/2017 and 6/2017 are dismissed as having become unnecessary.
Sd/- JUDGE cm/-