IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50864 OF 2016 (GM-RES) BETWEEN:
1. SMT. VIJAYA HOYSALA W/O RAVI HOYSALA, AGED ABOUT 46 YEARS, 2. SRI RAVI HOYSALA S/O C.N.NARASIMHA MURTHY, AGED ABOUT 52 YEARS, BOTH ARE R/AT C/O NO.2930, CH-25, JLB ROAD, CHAMUNDIPURAM, MYSURU-570 024. … PETITIONERS (BY SRI ANAND.K.V, ADVOCATE FOR SRI PRASANNA DESHPANDE., ADVOCATE) AND:
1. UCO BANK DEVARAJ URS ROAD, MYSURU-570 001, REP. BY ITS SR. MANAGER.
2. THE SR. MANAGER UCO BANK, ASSETS RECOVERY BRANCH, 1ST FLOOR, NO.13/22, K.G.ROAD, BENGALURU-560 009, E-MAIL:banamb@ucobank.co.in.
3. RECOVERY OFFICER NO.II DEBT. RECOVERY TRIBUNAL, KRISHI BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. … RESPONDENTS (BY SRI K.R.PARASHURAM, ADVOCATE FOR R1 & R2. R3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION PUBLISHED IN FORM NO.22 PROCEEDINGS RC NO.4266 DTD: 10.08.2016 BY THE R-3 WHICH WAS PUBLISHED IN VIJAYA KARNATAKA DAILY NEWS PAPER DTD:26.08.2016 PRODUCED AT ANNEXURE- B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Anand K.V., learned counsel for Sri Prasanna Deshpande, learned counsel for the petitioners.
Sri K.R.Parashuram, learned counsel for respondent Nos.1 and 2.
In this petition, the petitioners are inter alia seeking for a writ of certiorari for quashment of the auction notice published in Vijaya Karnataka Daily news paper dated 26.08.2016.
2. When the matter was taken up today, learned counsel for the respondent Nos.2 and 3 has produced a memo and it has been taken on record.
3. In the aforesaid memo, it is stated that no sale in pursuance of the auction notice published in Vijaya Karnataka Daily news paper dated 26.08.2016, took place on 28.09.2016.
4. In view of the aforesaid memo filed on behalf of the respondent No.1, nothing survives for adjudication in this writ petition.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE nvj