- 1 - NC: 2025:KHC:13370 WP No. 9282 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9282 OF 2025 (GM-CPC) BETWEEN: SMT. KATHYAYINI K R W/O LATE SURESH L AGED ABOUT 46 YEARS D/O. LATE M. RAME GOWDA R/A NO.49, 1ST MAIN 4TH CROSS, NEAR B.G.T. SCHOOL L.G. RAMANA LAYOUT VTC LAGGERE, BENGALURU – 58. …PETITIONER (BY SRI. V B SIDDARAMAIAH., ADVOCATE) AND: 1. SRI. N C RAJU S/O. LATE A CHENNAIAH AGED ABOUT 62 YEARS R/AT NO.827, II CROSS IX MAIN, K.N. EXTENSION TRIVENI ROAD, YESHWANTPUR BENGALURU - 560 022. 2. SRI. R. MADHU S/O. SRI. M. RAMEGOWDA AGED ABOUT 45 YEARS R/AT. NO.960, 9TH CROSS HMT LAYOUT, MATHIKERE BENGALURU - 560 054. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:13370 WP No. 9282 of 2025 AND ALSO AT NO.449/19(449) KHATHA NO. 19, PID NO.7-49-19 SITUATED AT 5TH MAIN ROAD TRIVENI ROAD, GOKUL 1ST STAGE 4TH PHASE, BENGALURU - 560 054. 3. SHRIRAM HOUSING FINANCE LTD., (A COMPANIES ACT) HEAD OFFICE, LEVEL III EAST WING WOLKHART TOWER, C-2, 'G' BLOCK BANDRA KURLA COMPLEX, MUMBAI. 4. THE DEPUTY VICE PRESIDENT STATE HEAD- KARNATAKA SHRIRAM HOUSING FINANCE LTD. NO.63, II FLOOR, 19TH MAIN II BLOCK, RAJAJINAGAR BENGALURU - 560 010. 5. ASSEST RECONSTRUCTION COMPANY (INDIA) LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND REGISTERED AS SECULARIZATION AND ASSETS RECONSTRUCTION COMPANY PURSUANCE TO SECTION 3 OF THE SARFAESI HAVING REGISTERED OFFICE AT THE RUBY 10TH FLOOR, 29, SENAPATHI, BAPAT MARG, DADAR (W) MUMBAI 400 028 INTERALIA BRANCH OFFICE AT FLAT NO.305, 3RD FLOOR 'KEDIA ARCADE, NO.92, INFANTRY ROAD BENGALURU-01, REPT. BY ITS OFFICER HARISH KUMAR G. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATE: 10.03.2025 RAISED BY THE LIX ADDL. - 3 - NC: 2025:KHC:13370 WP No. 9282 of 2025 CITY CIVIL AND SESSION JUDGE, BENGALURU CITY (CCH- 60) PASSED IN EX.NO. 2285/2023 FILED BY THE PETITIONER AS OBJECTOR IN IA NO.3 UNDER SECTION 47 R/W ORDER 21 RULE 101 OF CPC VIDE ANNEXURE-G. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER The office has raised an objection regarding maintainability. 2. The learned counsel for the petitioner submits that he may be permitted to withdraw this petition with liberty to approach the appropriate legal forum. He contended that since, tomorrow, the execution petition has been posted for delivery of possession, the same may be stayed for a week, till the petitioner approaches the appropriate legal forum. 3. In view of the above, in the interest of justice, writ petition is dismissed, reserving liberty to the petitioner to approach the appropriate legal forum. - 4 - NC: 2025:KHC:13370 WP No. 9282 of 2025 4. For a period of one week, the Executing Court, i.e., LIX Additional City Civil and Sessions Judge, Bengaluru is directed not to proceed further in Ex.P.No.2285/2023. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 36