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 NO.44615 OF 2018 (GM-RES) BETWEEN:
SRI VENKATESH K S/O LATE Y K RAO AGED ABOUT 55 YEARS NO.63/1, 3RD CROSS 5TH MAIN, RAGHAVENDRA COLONY CHAMARAJPET, BANGALORE-560018.
(By Dr. V. SREENIVASA, ADV., (ABSENT)) AND:
… PETITIONER 1. THE BANGALORE CITY CO-OPERATIVE BANK LTD., NO.3, IST FLOOR PAMPAMAHAKAVI ROAD CHAMARAJPET, BANGALORE-560018 REPRESENTED BY ITS GENERAL MANAGER.
2. THE AUTHORISED OFFICER THE BANGALORE CITY CO-OPERATIVE BANK LTD NO.3, IST FLOOR PAMPAMAHAKAVI ROAD CHAMARAJPET, BANGALORE-560018.
… RESPONDENTS (By Mr. LOKESH K.V. ADV., FOR C/R2 R1 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PUBLIC AUCTION NOTICE DATED 24.08.2018 ISSUED BY RESPONDENT NO.2 FOR SALE OF SCHEDULE PROPERTY AND ALL OTHER AND FURTHER CONSEQUENTIAL PROCEEDINGS THEREON AT ANNEXURE-A. GRANT AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION OF PUBLIC AUCTION NOTICE DATED 24.08.2018 ISSUED BY RESPONDENT NO.2 FOR SALE OF HOUSE PROPERTY AND ALL OTHER AND FURTHER CONSEQUENTIAL PROCEEDINGS THEREON & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri.Lokesh.K.V, learned counsel for the Caveator/respondent No.2.
Heard.
2. Learned counsel for the respondent in this petition submits that the petitioner has challenged the sale notice dated 24.08.2018, pursuant to which the sale has not taken place. The aforesaid statement is taken on record.
3. In view of the aforesaid submission made by the learned counsel for the respondent, nothing survives for adjudication in this writ petition. The same is dismissed as infructuous.
Sd/- JUDGE SS