IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.22426-22428/2017 (GM-RES) BETWEEN:
1. Sri. Honnaiah, S/o Honnaiah, Aged about 54 years, Residing at 3360, Ground-Floor, First Main Road, 4th Cross Road, C Block, Gayathrinagar, Bengaluru – 560 021.
2. Smt. R. Anasuya, W/o. M. Maheva Shetty, Aged about 44 years, Residing at 3360, 1st Main Road, 4th Cross Road, C Block, Gayathrinagar, Bengaluru – 560 021.
3. Mr. Ravi Kumar, S/o Mr. Venkateshappa, Aged about 33 years, Residing at 3360, Ground-Floor, First Main Road, 4th Cross Road, C Block, Gayathrinagar, Bengaluru – 560 021.
(By Sri. Subash Reddy V, Adv. (Absent)) ... Petitioners And :
1. Vijaya Bank, Dasarahalli Branch, Tumkur Road, Bengaluru – 560 057.
Represented by its Authorized Officer and Branch Manager.
2. Sri. B. K. Kempe Gowda, S/o late Gangamare Gowda, Aged about 50 years, Residing at 3360, First Main Road, 4th Cross Road, C Block, Gayathrinagar, Bengaluru – 560 021.
... Respondents (By Sri. K. V. Lokesh, Adv. for C/R1) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notice dated 08.05.2017, Annexures - A, A1 issued by the R-1 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and etc.
These Petitions coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioners.
Sri. K.V. Lokesh, learned counsel for respondent No.1-Bank.
2. Learned counsel for respondent No.1-Bank submits that the writ petitions have been rendered infructuous as the petitioners, who are tenants in respect of the premises in question had challenged the notice of eviction issued by respondent No.1-Bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It is further submitted that during the pendency of the writ petitions, the petitioners have handed over the possession of the premises in question to respondent No.1-Bank. Therefore, nothing survives for adjudication in this writ petition.
3. The aforesaid statements are taken on record.
4. In view of the aforesaid submissions, writ petitions are dismissed as having become infructuous.
Mds/-
Sd/- JUDGE