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2025 DAILYLAW 15203 (KAR)

MR. JAIBUNNISA BEGUM v. STANDARD CHARTERED BANK

WP/22149/2017 · 2025-01-13

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:1180 WP No. 22149 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 22149 OF 2017 (GM-RES) BETWEEN: MR. JAIBUNNISA BEGUM W/O MR.FIROZ MAHAMAD, AGED ABOUT 30 YEARS, RESIDING AT NO.B-705, 7TH FLOOR, "ELITE" BLOCK, MEENAKSHI CLASSIC, AGARA VILLAGE, BEGUR HOBLI, BENGALURU-560 068. …PETITIONER (BY SMT. CHAMPOO KAVYA., ADVOCATE FOR SRI. DR.M.SUNIL SASTRY., ADVOCATE) AND: STANDARD CHARTERED BANK, NO.26/27, M.G.ROAD, RAHEJA TOWERS, BENGALURU-560 001. REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI. B.C.AVINASH., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1180 WP No. 22149 of 2017 ORAL ORDER Smt.Champoo Kavya., counsel on behalf of Dr.M.Sunil Sastry., for the petitioner has appeared through video conferencing. Sri.B.C.Avinash., counsel for the respondent has appeared in person. 2. The captioned Writ Petition is filed seeking a writ in the nature of prohibition restraining the respondent either by itself or through any person claiming under the respondent from dispossessing the petitioner from the schedule property without due process of law. 3. Heard the arguments and perused the Writ papers with care. 4. A perusal of the petition averments and the relief sought by the petitioner depicts that it is civil in nature and the same cannot be adjudicated under Articles 226 and 227 of the Constitution of India. The law is well settled that the disputed question of fact cannot be investigated under Article 226 of the Constitution of India. Hence, I decline to exercise power under the writ jurisdiction. - 3 - NC: 2025:KHC:1180 WP No. 22149 of 2017 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 49