Karnataka High Court
WP/23313/2022 of MR SYED GHOUSE Vs HOUSING DEVELOPMENT FINANCE CORPORATION LTD on 5 October 2026
2026:KHC:55011
CNR: KAHC010543052022 NC: 2026:KHC:55011 WP No. 23313 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23313 OF 2022 (GM-DRT) BETWEEN: 1. MR SYED GHOUSE S/O MR SYED BASHEER
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 23313 OF 2022 (GM-DRT)
BETWEEN:
1.
MR SYED GHOUSE
S/O MR SYED BASHEER AHMED
AGED ABOUT 45 YEARS
R/AT DOOR NO.25,
HENA MANZIL HUDCO
BANNIMANTAPA 2ND STAGE,
OPP TO TIPPU MASQUE, MYSURU-570015.
…PETITIONER
(BY SRI. VINOD PRASAD, ADVOCATE)
AND:
1.
HOUSING DEVELOPMENT FINANCE
CORPORATION LTD
REG OFFICE AT RAMON HOUSES
B T PAREKH MARG 169,
BACKBAY RECLAMATION
CHUREHGATE, MUMBAI-400020
BY ITS MANAGING DIRECTOR
2.
M/S HOUSING DEVELOPMENT FINANCE
CORPORATION LTD
NO.6, JTK EXTN, AADI CHUNCHANAGIRI ROAD, KUVEMPU NAGAR, MYSORE-570023
BY ITS AUTHORIZED OFFICER
3.
MOHAMMED SALAR
S/O MR MOHAMED AMJAD HUSSAIN
R/AT FLAT NO.B-201
Verified
HC-KAR
Page 1 of 3
2ND FLOOR, KEERTHI ROYAL FORMS,
HOSUR ROAD, NXT TO BMW SHOWROOM
BANGALORE-560100.
…RESPONDENTS
(BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1 AND R2; SRI. MANAMOHAN .P.N, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 BANK
TO
ACCEPT
BALANCE
OF
LOAN
AMOUNT
FROM
THE
PETITIONER AFTER TRANSFERRING THE LOAN IN THE NAME
OF THE PETITIONER; AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This writ petition is filed by the Agreement Holder seeking a writ in the nature of mandamus directing respondent No.2 to accept the balance loan amount and transfer the loan in the name of the petitioner.
2. The learned counsel appearing for the respondents - Bank submits that the bank has conducted an auction, the successful bidder has deposited the entire
Verified
HC-KAR
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auction amount and the Sale Certificate was issued on 17.02.2023.
3. In the light of submission made by the learned counsel appearing for the respondent - Bank, this writ petition has been rendered infructuous.
Therefore, this writ petition is dismissed as having become infructuous.
However, this order will not come in the way of the petitioner in enforcing his right in the pending suit for specific performance.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 13
Verified
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