(Order of the Court was made by S.Manikumar,J) The petitioner has sought for a prayer, to quash the possession notice, dated 5/8/2014, issued by the respondent.
2. Borrower has challenged possession notice, dated 5/8/2014 and sought for a writ of certiorari, on the ground that borrower had already initiated action by filing a mortgage suit, in O.S.No.163 of 2014, before the Sub-Court, Arani and despite the same, invoked Section 13 (4) of the SARFAESI Act, 2002, to get possession.
3. Notice of motion has been ordered on 28/10/2014 and responding to the same, Bank has filed a counter affidavit dated 8/11/2014.
4. When the matter came up on 13/2/2017, we directed Mr.R.Navaneethakrishnan, Advocate, representing the learned counsel for the respondent Bank, to ascertain the stage of the suit, in O.S.No.163 of 2014, stated to be pending, on the file of the Sub-Court, Arani.
5. Reverting, he submitted that the dispute between the parties has been settled out of Court and nothing remains in the instant writ petition for adjudication. He has also made an endorsement to that effect.
6. Placing on record the above submission and endorsement, no further adjudication is required.
7. Accordingly, this writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.