IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.14070/2019 (GM-CPC) BETWEEN:
SRI. PALANI SWAMY R.R., AGED ABOUT 67 YEARS, S/O K.RANGASWAMY, R/AT NO.20/11, 18TH CROSS, MALLESHWARAM, BENGALURU-560 003. …PETITIONER (BY SRI. R.MADHUSUDHANA REDDY, ADVOCATE) AND:
M/S SHINDE HOLDINGS PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT NO.20, ‘NARVE LINKS’, LINK ROAD, MALLESHWARAM, BENGALURU-560 003.
REPRESENTED BY ITS DIRECTOR, SRI. RAJESH SHINDE. … RESPONDENT (BY SRI. N.JAI PRAKASH RAO, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER DATED 22.02.2019 ON I.A.NO.4 FILED UNDER ORDER XXI RULE 66 R/W SECTION 151 OF THE CPC IN EX.NO.1879/2018 PASSED BY THE XXXIX ADDITIONAL CIVIL JUDGE, BENGALURU CITY, (CCH-40), VIDE ANNEXURE- J TO THE W.P, CONSEQUENTLY DISMISS THE SAID APPLICATION.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER It is submitted by the respondents that pursuant to the impugned order the auction sale having taken place and the sale amount having been deposited, the parties have filed compromise petition in the court below and therefore, the Writ Petition does not survive for consideration since it has become infructuous.
Ordered accordingly.
Sd/- JUDGE DS