- 1 - HC-KAR NC: 2025:KHC:21756 WP No. 16896 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16896 OF 2025 (GM-RES) BETWEEN: 1. G. PRAVEEN KUMAR S/O LATE M. GURURAJ, AGED ABOUT 32 YEARS, R/AT NO.80, SEPPINGS ROAD, BHARATHINAGAR, BENGALURU- 560 001. 2. G. SHILPA, D/O LATE M GURURAJ, AGED ABOUT 27 YEARS, R/AT NO.80, SEPPINGS ROAD, BHARATHINAGAR, BENGALURU- 560 001. …PETITIONERS (BY SRI. B RUDRACHAR., ADVOCATE) AND: 1. BANK OF BARODA ULSOOR BRANCH, NO.11/12, CAMBRIDGE ROAD, ULSOOR, BENGALURU-56008 REPRESENTED BY ITS AUTHORIZED OFFICER MR. K GOVINDAPPA. …RESPONDENT (BY SRI. VIGNESH SHETTY., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 21.04.2025 PASSED BY THE LEARNED X ADDL CHIEF METROPOLITAN MAGISTRATE (ACMM) MAYO HALL BENGALURU IN CRL MISC NO. 50179/2025 AS PER ANNEXURE-A. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21756 WP No. 16896 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have called in question the validity of the order at Annexure-'A' dated 21.04.2025 passed in Crl.Misc.No.50179/2025 by the Court of X Additional Chief Metropolitan Magistrate (ACMM), Mayo Hall, Bengaluru. 2. It is submitted that the parents of petitioners passed away prior to passing of the order at Annexure-'A'. It is submitted that the petitioners' mother passed away on 07.05.2021 and the petitioners' father passed away on 24.07.2024 and accordingly, it is submitted that the order passed is a nullity. 3. Learned counsel appearing for the respondent Bank submits that they would re-do the procedure insofar as the proceedings for possession under Section 13 of the SARFAESI Act leading to the order under Section 14 of the SARFAESI Act as per Annexure-'F', in light of the stand of the petitioner. - 3 - HC-KAR NC: 2025:KHC:21756 WP No. 16896 of 2025 4. Taking note of the stand of respondent Bank and the events of death of petitioners' parents who are stated to be the loanees, the petition is disposed off setting aside the order at Annexure-'A' dated 21.04.2025 passed in Crl.Misc.No.50179/2025 by the Court of X Additional Chief Metropolitan Magistrate (ACMM), Mayo Hall, Bengaluru. 5. The respondent Bank is at liberty to re-do the procedure under Section 13 of SARFAESI Act and proceed further in accordance with law as per the procedure. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR