[Order of the Court was made by R.SUBBIAH, J.] The present Writ Petition has been filed seeking for the issue of a Writ of Certiorarified Mandamus, to call for the records of the first and second respondents resulting in possession notice dated 02.03.2016 and consequential Auction Sale Notices dated 07.05.2016 and 20.07.2016 scheduled to be conducted an auction sale on 24.08.2016 and on 24.08.2016 and quash the same insofar as Item No.II of the property shown in the possession notice as well as in the auction sale notice situated at Door No.15, Old Ward No.6, Old Block No.2, T.S.No.204, New Ward No.'G', Block No.2, T.S.No.74/Part, to an extent of 984 sq.ft. at Door No.15, Kiledhar Street, Trichy and Mandamus, forbearing the first and second respondents to bring the Item No.II of the property as shown in the possession notice dated 02.03.2016 as well as in the auction sale notice dated 07.05.2016 from bringing the same for auction sale on 24.10.2016 or any other subsequent date in future.
2. Earlier, this Court, by order dated 25.11.2016, has given liberty to the petitioner to approach the Debts Recovery Tribunal concerned, in the light of the decisions of the Hon'ble Supreme Court reported in 2016(2) Law Weekly 97 [Baleshwardayal Jaiswal vs. Bank of India and others] and 2016(2) CTC 593 [A.L.Shah vs. Authorised Officers State Bank of Hyderabad, Pondicherry Branch].
3. Today, when the matter was taken up for consideration, the learned counsel for the petitioner submits that now the bank has issued a fresh notification for auction in Thinathanthi Newspaper on 29.12.2016.
4. In view of the subsequent notification, we are of the view that the prayer in the Writ Petition itself has become infructuous and as such, nothing survives for adjudication in this Writ Petition. Accordingly, the Writ Petition is dismissed as infructuous. However, the petitioner is at liberty to work out his remedy before the Debts Recovery Tribunal concerned as against the present notification..