- 1 - NC: 2025:KHC:10867 WP No. 2639 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2639 OF 2025 (GM-RES) BETWEEN: 1. MR. NAGARAJA, S/O ANNAIAH AGED ABOUT 57 YEARS, R/AT NO.67/1, KALLAPURA, KUNCHENAHALLI, SHIVAMOGGA, KARNATAKA - 577 225. 2. MRS. LILA R, W/O NAGARAJA, AGED ABOUT 41 YEARS, R/AT NO.67/1, KALLAPURA, KUNCHENAHALLI, SHIVAMOGGA KARNATAKA - 577 225. …PETITIONERS (BY SMT. AKSHAYA B.M., ADVOCATE) AND: 1. JANA SMALL FINANCE BANK LIMITED, FORMERLY KNOWN AS M/S. JANALAKSHMI FINANCIAL SERVICES PVT. LTD., HAVING ITS REGISTERED OFFICE AT THE FAIRWAY, GROUND AND FIRST FLOOR, OFF DOMLUR, KORAMANGALA INNER RING ROAD, NEXT TO EGL BUSINESS PARK, CHALLAGHATA, BENGALURU - 560 095. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10867 WP No. 2639 of 2025 AND BRANCH OFFICE AT 2ND FLOOR, NO.880, SS COMPLEX, 343/342/344, B.H. ROAD, LASKAR MOHALLA, KR PURAM, SHIVAMOGGA, KARNATAKA - 577 202. REPRESENTED BY ITS AUTHORISED OFFICER MR. BABU SREEJITH S/O MR. C.V. MUKUNDAN, AGED ABOUT 48 YEARS. …RESPONDENT (BY SRI. V. SURESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 06.12.2024 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA IN CRL. MISC. 186 OF 2024 VIDE ANNEXURE- A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayers: "A. Issue a Writ of Certiorari setting aside the Impugned Judgment and Order dated 06.12.2024 passed by the Learned Principal Senior Civil Judge and CJM, Shivamogga in Crl.Misc. 186 of 2024 vide Annexure-A and - 3 - NC: 2025:KHC:10867 WP No. 2639 of 2025 B. Issue a Writ of Mandamus directing the Respondent Bank to positively consider the Petitioner's application for settlement of dues. C. Pass such other order/s as this Hon'ble Court deems fit based on the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Smt. Akshaya B.M., learned counsel appearing for the petitioners, Sri. V. Suresh, learned counsel appearing for the respondent and have perused the material on record. 3. This Court, on 03.03.2025, had passed the following order: Learned counsel Sri.D.Narayanaswamy, is directed to accept notice for the respondent. Learned counsel appearing for the petitioners is directed to serve a copy of the petition papers upon the aforesaid learned counsel, forthwith. This Court, on 31.01.2025 had passed the following order: "Issue notice to the respondent. Learned counsel for the petitioner submits that the petitioner has borrowed a sum of Rs.3,00,000/- from the respondent - Financial Institution to tide over his immediate needs and for the medical attention that was required for their son who has consumed pesticides. The respondents have proceeded to approach the jurisdictional Magistrate under Section 14 of the - 4 - NC: 2025:KHC:10867 WP No. 2639 of 2025 SARFAESI Act to take possession of the residential premises of the petitioner. There shall be ad-interim order of stay of the impugned order at Annexure-A in Crl.Misc.No.186/2024 on the file of the Prl. Sr. Civil Judge and CJM, Shivamogga and all further proceedings thereto, till the next date of hearing, subject to the petitioner depositing Rs.40,000/- with the respondent - financial institution, within a period of four weeks from today. Re-list this matter on 03.03.2025. In the meanwhile, office objections shall be complied with." The loan borrowed by the petitioner, a daily wager is Rs.3,00,000/-. This Court had directed deposit of Rs.40,000/-. The learned counsel for the petitioners submits that the said order has been complied with. He would further submit that the possession of the house of the petitioner has been taken by the respondent - Bank on the score that the amount in due had not been paid. In the light of the compliance with the order dated 31.01.2025, the Bank shall restore possession of the petitioner, who is said to be a daily wager, by the next date of hearing. List this matter on 10.03.2025, in the fresh matters list." 4. Learned counsel appearing for the petitioners submits that the interim order has been complied with with payment as directed by this Court on 03.03.2025. - 5 - NC: 2025:KHC:10867 WP No. 2639 of 2025 5. Learned counsel appearing for the respondent admits such payment. 6. In the light of loan itself being of Rs.3.00 lakhs, learned counsel appearing for the petitioners further undertakes to pay the equal monthly installments without any default in future. 7. In that light, I deem it appropriate to dispose the petition reserving liberty to the petitioners to avail of such remedy as available in law and the Bank at the appropriate time. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 32 CT: BHK