- 1 - NC: 2025:KHC:11458 WP No. 7767 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7767 OF 2025 (GM-RES) BETWEEN: SMT. YASHODA M, AGED ABOUT 46 YEARS, WIFE OF DAYAKAR, RESIDING AT DOOR NO. 2, GROUND FLOOR, SITE NO. 13 AND 14, WARD NO. 9/3, NEXT TO LAKSHMI LAYOUT, ANEKAL TOWN, ANEKAL TALUK, BANGALORE URBAN DISTRICT - 562 102. ALSO AT MUNESHWARA NILAYA, BARAGURU PETE, ANEKAL TOWN, BANGALORE - 562 106. …PETITIONER (BY SRI. P.B. RAJU, ADVOCATE) AND: 1. CANARA BANK, ATTIBELE BRANCH, BANGALORE URBAN DISTRICT, NUMBER 718/A, SARJAPURA ROAD, ATTIBELE ANEKAL TALUK, BANGALORE - 562 102, REPRESENTED BY ITS AUTHORIZED OFFICER. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11458 WP No. 7767 of 2025 2. SRI. KESHAVA MURTHY B, SON OF LATE BAJJAPPA, AGED 43 YEARS, RESIDENT OF CD HOSKOTE KASBA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 562 102. …RESPONDENTS (BY SMT. NATASHA MURTHY, ADVOCATE FOR SRI. VIGNESH SHETTY, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R-1 BANK TO REMOVE THE LOCK AND SEAL AFFIXED BY THE BANK ON THE TENANT PORTION DESCRIBED IN THE SCHEDULE HERE UNDER AND PERMIT THE PETITIONER TO REMOVE HER BELONGINGS FROM THE SCHEDULE PROPERTY.A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: " a. Be pleased to issue a writ of Mandamus or any other appropriate writ or direction to the 1st respondent Bank to remove the lock and seal affixed by the bank on the tenant portion described in the schedule here under and permit - 3 - NC: 2025:KHC:11458 WP No. 7767 of 2025 the Petitioner to remove her belongings from the schedule property. b. Be pleased to grant/pass such other orders or directions in favour of the petitioner in the circumstances of the case." 2. Heard Shri P.B. Raju, learned counsel appearing for the petitioner and Smt. Natasha Murthy, learned counsel for Shri Vignsh Shetty, learned counsel appearing for respondent No.1. 3. Petitioner is a tenant in the premises owned by the second respondent, which has now become the subject matter proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. 4. The learned counsel appearing for the petitioner submits that if all the belongings are permitted to be taken from the premises, it would suffice and he would avail of such remedy, as available in law against the borrower. 5. The learned counsel appearing for the respondent- Bank submits that they have no objection to permit the petitioner- tenant to take all their belongings and the - 4 - NC: 2025:KHC:11458 WP No. 7767 of 2025 immovables from the house. Therefore, the Bank shall permit the petitioner to take her belongings on 21.03.2025, without waiting for the certified copy of this order. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 37 CT: BHK