Smt K N Sumalatha @ K A Lavanya vs State Bank Of India on 21 September, 2017

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Karnataka High Court

Smt K N Sumalatha @ K A Lavanya vs State Bank Of India on 21 September, 2017

Bench: A.S. Bopanna

                             1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 21ST DAY OF SEPTEMBER, 2017

                       BEFORE

       THE HON'BLE MR. JUSTICE A.S. BOPANNA

     WRIT PETITION Nos.41609-41612/2017 (GM-TEN)

BETWEEN:

1.     SMT. K.N.SUMALATHA @ K.A.LAVANYA
       W/O.LATE SRI K.A.SUBRAMANYA
       AGED 42 YEARS
       NO.53, BINNY LAYOUT II PHASE
       10TH MAIN, VIJAYANAGAR
       BANGALORE-560 040.

2.     SRI K.V.ANANTHA PADMANABHA
       S/O.LATE SRI K.A.SUBRAMANYA
       AGED 75 YEARS
       NO.53, BINNY LAYOUT II PHASE
       10TH MAIN, VIJAYANAGAR
       BANGALORE-560 040.

3.     MR. SHASHANK
       S/O.LATE SRI K.A.SUBRAMANYA
       AGED 21 YEARS
       NO.53, BINNY LAYOUT II PHASE
       10TH MAIN, VIJAYANAGAR
       BANGALORE-560 040.
4.     SRI K.A.ASHWATH NARAYAN
       AGED 37 YEARS
       NO.401, VIJAYALAKSHMI APARTMENT
       ABHAYA REDDY LAYOUT
       KAGGADASAPURA
       BANGALORE-560 093.             ...PETITIONERS

(BY SRI D.R.RAVISHANKAR, ADV.)

AND:
1.     STATE BANK OF INDIA
       HEAD OFFICE:
                             2


      "STATE BANK BHAVAN"
      8TH FLOOR
      MADAME CAMA ROAD
      NEAR VIDHAN BHAVAN
      NIRMAN POINT
      MUMBAI-400 021
      REPRESENTED BY ITS
      MANAGING DIRECTOR.

2.    STRESSED ASSETS
      MANAGEMENT GROUP
      BRANCH:BANGALORE
      LHO CAMPUS, NO.65
      ST. MARKS ROAD
      BENGALURU-560 001.

3.    SHANTHI CHARITABLE
      TRUST (REGISTERED)
      KAGGADASAPURA MAIN ROAD
      VIGNANA NAGAR
      NEW THIPPASANDRA POST
      BANGALORE-560 075
      BY ITS MANAGING TRUSTEE
      SRI BASAVARAJ V.V.                ...RESPONDENTS

(BY SRI K. PRAKASH, ADV. FOR CAVEATOR R2)

      THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ANNEXURE-D THE AUCTION NOTIFICATION DATED
16.08.2017 IN TENDER IN SO FAR AS THE SCHEDULE
PROPERTIES ARE CONCERNED AND ETC.

     THESE   WRIT  PETITIONS    COMING  ON   FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
                        ORDER

The petitioners are before this Court assailing the auction notification dated 16.08.2017 as at Annexure-D to the petitions.

2. The respondents No.1 and 2, who have entered caveat, have filed a memo dated 21.09.2017 through the learned counsel representing respondent No.2 indicating therein that the auction sale notice fixing the auction on 25.09.2017 has been cancelled. If that be the position, further consideration in these petitions would not arise, as the prayer has rendered itself infructuous.

3. In the meanwhile, if the petitioners desire to settle the matter with the respondents No.1 and 2 before any fresh action is initiated by them, the petitioners may submit their proposal for settlement and if such proposal is submitted, the respondents No.1 and 2 shall consider the same in accordance with law, before any fresh action is initiated.

The writ petitions are accordingly disposed of.

Sd/-

JUDGE ST

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