IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.10613 OF 2019 & WRIT PETITION Nos.15515-15518/2019(GM-RES) BETWEEN:
1.K. DAMODARA NAIDU S/O K CHINNABA NAIDU AGED 56 YEARS NO.22-974/5 KAMASWAR NAGAR MURUGANI PALLI-517 001 (CHITTOOR DISTRICT) -ANDHRA PRADESH STATE) 2.AMIT KUMAR S/O SHIVA KUMAR PRASAD AGED 40 YEARS PANDITPUR VILLAGE YADAV TOLA RAJGIR-803 116 (NALANDA DISTRICT-BIHAR STATE) 3.NAVNEESH RANJAN S/O S C SHARMA AGED 24 YEARS 22/974/5 KAMASWAR NAGAR MURUGANI PALLI-517 001 (CHITTOOR DISTRICT -ANDHRA PRADESH STATE) 4.SMT VANITHA W/O SRI KUMAR AGED 42 YEARS 49, 2ND MAIN, I FLOOR JAKKASANDRA I BLOCK, KORAMANGALA BENGALURU-560 102 5.ANJINAPPA S/O LATE GOVINDAPPA AGED 35 YEARS 49, 2ND MAIN, GROUND FLOOR JAKKASANDRA I BLOCK, KORAMANGALA BENGALURU-560 102 ..PETITIONERS (BY SRI S G BHAGAVAN, ADVOCATE) AND:
CANARA BANK PANAJI BRANCH “MATHIAS PLAZA” 18TH JUNE ROAD PANAJI GOA-403 001 REPRESENTED BY ITS MANAGER ..RESPONDENT (BY SRI T P MUTHANNA, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
QUASH THE ORDER DATED:05.09.2018 PASSED BY THE COURT OF THE VI ADDITIONAL CHIEF, METROPOLITAN MAGISTRATE, BENGLAURU, "THE COURT BELOW" IN C.MISC NO.2430/2018 AS PER ANNEXURE-A ALLOWING THE PETITION BY THE RESPONDENT UNDER SECTION 14 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002, THE ACT PERMITTING THE RESPONDENT TO TAKE POSSESSION OF THE SECURITY PROPERTY MENTIONED IN THE SCHEDULE TO THE PETITION WITH THE HELP OF JURISDICTIONAL POLICE;
DIRECT THE RESPONDENT TO OPEN THE LOCKS PUT BY IT ON THE RESPECTIVE DOORS OF THE PREMISES IN ITS POSSESSION IN THE PRESENCE OF THE PETITIONERS AND TO PERMIT EACH OF THEM TO REMOVE THE MOVEABLE PROPERTIES FROM THE RESPECTIVE PREMISES AS ALSO TO POSSESS AND OCCUPY THEM;
AWARD COSTS OF THE PETITION.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING `B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri S.G.Bhagavan, learned counsel for the petitioners.
Sri T.R.Muthanna, learned counsel for the respondent.
2. Petition is admitted for hearing.
3. Learned counsel for the petitioners submit that writ petitions has been rendered infructuous in view of subsequent developments namely sale of property on 20.06.2019 by the owner of the property in favour of auction purchaser.
In view of the aforesaid submission, writ petitions are dismissed as infructuous.
Sd/- JUDGE SBN