IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.38907-908 OF 2016 (GM-RES) BETWEEN:
SRI ABDUL HABEEB, S/O SHAIK FAROOQ, AGED ABOUT 31 YEARS R/AT NO.27,16TH CROSS, GOVINDAPURAM MAIN ROAD, TAJUDDIN LAYOUT, A.C.POST, NAGAWARA VILLAGE, BANGALORE NORTH TALUK, BANGALORE … PETITIONER (By Mr.M. MOHAMED IBRAHIM, ADV.,) AND:
1. THE AUTHORIZED OFFICER, CATHOLIC SYRIAN BANK, 7TH FLOOR, RANI SEETHAI HALL, NO.603,ANNA SALAI, CHENNAI-600006 2. SRI ASLAM PASHA, S/O LATE ABDUL JALEEL, AGED ABOUT 46 YEARS R/AT NO.27,16TH CROSS, GOVINDAPURA MAIN ROAD, TAJUDDIN LAYOUT, A.C.POST, BANGALORE-560 045 … RESPONDENTS (By MR.SUBASH M.R. ADV. FOR R1, MR. THIMMAIAH BHAT ADV. FOR R2) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 NO TO DISPOSSESS THE PETITIONERS FROM THE SCHEDULE PROPERTY IN PURSUANCE OF THE PROCEEDINGS INITIATED UNDER SECTION 13 OF THE ACT AND ORDER OBTAINED UNDER SECTION 14 OF THE SARFAESI ACT.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.M.Mohammed Ibrahim, learned counsel for the petitioner.
Mr.Subash M.R., learned counsel for respondent No.1.
Mr.Thimmana Bhat, learned counsel for respondent No.2.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. Learned counsel for the petitioner submits that the writ petitions have been rendered infructuous as respondent No.2 has settled the loan account with respondent No.1 on 21.09.2017.
In view of the aforesaid submission, the writ petitions are dismissed as having become infructuous.
Sd/- JUDGE SS