IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.52744 OF 2015 (GM-TEN) BETWEEN:
SRI. PRASHANTH KUMAR, AGED 36 YEARS, SON OF LATE THYAGARAJ, RESIDING AT NO.1066, G & H BOCK, GANGE ROAD, KUVEMPUNAGARA, MYSURU – 570 023.
(BY MS.DALIYA SINGH, ADV. FOR MR.GOVINDRAYA KAMATH.K, ADV.) AND:
THE MANAGER, LIC OF INDIA (HOUSING LOAN), HARSHA ROAD, MYSURU – 570 023.
(BY MR.R.D.PANCHAM RAJESH SHETTY, ADV.) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANN-A THE TENDER CUM AUCTION SALE NOTICE DATED 21.10.2015 PUBLISHED IN SAMYUKTHA KARNATAKA KANNADA DAILY NEWS PAPER ON 22.10.2015 AND ALL OTHER SUBSEQUENT PROCEEDINGS ISSUED BY THE RESPONDENT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Daliya Singh for Mr.Govindraya Kamath K., learned counsel for the petitioner.
Mr.R.D.Pancham Rajesh Shetty, learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has assailed the validity of the sale cum auction dated 21.10.2015.
4. When the matter was taken up today, learned counsel for the respondent submitted that on account of order of stay granted by a Bench of this Court, the sale has not taken place in pursuance of the auction sale notice dated 21.10.2015.
5. In view of the aforesaid submission, prima facie nothing survives for adjudication in this writ petition. However, the writ petition is disposed of with liberty to take recourse to such remedy as may be available to the petitioner under law as and when occasion so arises.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS