- 1 - NC: 2025:KHC:7346 WP No. 4761 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4761 OF 2025 (GM-RES) BETWEEN: L.K. DEVARAJ S/O. P. KOTAIAH, AGED 57 YEARS, RESIDING AT NO.8, RAGHAVENDRA TEMPLE ROAD, 11TH MAIN ROAD, KAMMAGONDANAHALLI, JALAHALLI (WEST), BANGALORE - 560 015. …PETITIONER (BY MS. CHITHARA B.P, ADVOCATE FOR SRI. KARUMBAIAH T.A, ADVOCATE) AND: 1. NKGSB CO OPERATIVE BANK LIMITED SESHADRIPURAM BRANCH, 1ST MAIN ROAD, SESHADRIPURAM BENGALURU - 560 020, REPRESENTED BY ITS MANAGER. 2. THE AUTHORIZED OFFICER/SIGNATORY NKGSB CO-OPERATIVE BANK LIMITED SESHADRIPURAM BRANCH 1ST MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020, REPRESENTED BY ASST. MANAGER. 3. H. RANGASWAMY ANAND S/O. T.S. RANGASWAMY NAIDU, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7346 WP No. 4761 of 2025 AGED 63 YEARS. 4. H. ANAND GEETHA W/O. H.R. ANAND AGED 57 YEARS. 5. H. ANAND NITHIN S/O. H.R. ANAND AGED 32 YEARS RESPONDENTS 3 TO 5 ARE R/AT. NO. 85/42, 2ND FLOOR, 1ST MAIN, 1ST CROSS, NEAR ULLAL SIGNAL, OPP JNANABHARATHI BUS STOP, ULLAL MAIN ROAD, ULLALU, BENGALURU - 560 856. …RESPONDENTS (BY SRI. H.R. SUNIL KUMAR, ADVOCATE FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNX-G THE EVICTION NOTICED DATED 30.01.2025 ISSUED BY THE R-2 BEARING NO. NKGSB/109/HRANAND/48/20024-25 IN RESPECT OF THE SCHEDULED PROPERTY AND ETC., THIS PETITION, COMING ON FOR PELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Sri.H.R.Sunil Kumar, learned counsel undertakes to appear for respondent Nos.1 and 2. Notice to respondent Nos.3 to 5 are not necessary for the following reasons. - 3 - NC: 2025:KHC:7346 WP No. 4761 of 2025 2. Learned counsel for the respondent-Co- operative Bank submits that at Annexure-C is an order passed by this Court in W.P.No.20782/2022 dated 05.03.2024, wherein the petitioner filed an undertaking affidavit before this Court, which has been culled out in the order. The petitioner herein had undertaken to resolve the dispute between the petitioner and the 3rd respondent herein, to whom the petitioner had sold the property under a registered sale deed dated 12.07.2019. The petitioner undertook to pay the EMI over dues of Rs.20 Lakhs as on the date of the order and sought immediate restoration of the possession. It is pointed out that in paragraph No.4 of the order it is clearly stated that all other problems that enure from the undertaking of affidavit given by the petitioner shall be borne by the 1st petitioner himself. Further, the petitioner did not comply with the undertaking given before this Court, and consequently, the respondent bank has proceeded to issue the impugned notice at Annexure-G dated 30.01.2025. Learned counsel submits that pursuant to the petitioner depositing Rs.10,00,000/- - 4 - NC: 2025:KHC:7346 WP No. 4761 of 2025 as undertaken before this Court, the possession was restored to the petitioner. 3. Having regard to the voluntary undertaking given by the petitioner before this Court that he will pay up the amounts overdue on behalf of the borrower 3rd respondent without any claim against the bank, and since the petitioner has failed to comply with the undertaking given before this Court, the respondent-Bank has proceeded to issue an impugned notice. In that view of the matter, this Court does not find any merit in the writ petition and the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 8 CT: BHK