- 1 - NC: 2025:KHC-D:1998 WP No. 100369 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100369 OF 2025 (GM-RES) BETWEEN: 1. MRS. GAYATHRI W/O. KRISHNA, AGED ABOUT 41 YEARS, R/O: HOUSE NO.24, WARD NO.2, HARIJAN STREET, COWL BAZAR, BALLARI, KARNATAKA – 583 102. ALSO AT SY. NO.413, ADONI ROAD, CB BALLARI, BALLARI CMC, BALLARI KURUGOD TALUK, BALLARI, KARNATAKA – 583 102. 2. MR. KRISHNA S/O. ANJANEYULU HOUSE NO.24, WARD NO.27, HARIJANA STREET, COWL BAZAR, BALLARI, KARNATAKA – 583 102. ALSO AT SY. NO.413, ADONI ROAD, CB BALLARI, BALLARI CMC, BALLARI KURUGOD TALUK, BALLARI, KARNATAKA – 583 102. …PETITIONERS (BY SRI SABEEL AHMED, ADVOCATE) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:1998 WP No. 100369 of 2025 AND: M/S JANA SMALL FINANCE BANK LIMITED, FORMERLY KNOWN AS M/S JANALAKSHMI FINANCIAL SERVICES PVT. LTD., R/BY ITS AUTHORIZED OFFICER, MR. BABU SREEJITH S/O. V. C. MUKUNDAN, AGED ABOUT 48 YEARS, HAVING ITS REGISTERED OFFICE AT THE FAIRWAY, GROUND AND FIRST FLOOR, OFF DOMLUR, KORAMANGALA INNER RING ROAD, NEAR TO EGL BUSINESS PARK, CHALLAGHATTA, BANGALORE AND BRANCH OFFICE AT BALLARI – 583 101. …RESPONDENT (BY SMT. GAYATRI S.R., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY APPROPRIATE WRIT QUASHING IMPUGNED ORDER DATED 20-07-2024 IN CRL.MISC.NO.88/2024 AT ANNEXURE-B PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT BALLARI AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 3 - NC: 2025:KHC-D:1998 WP No. 100369 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayer: “Issue a writ in the nature of certiorari or any appropriate writ quashing impugned order dated 20-07-2024 in Crl.Misc.No.88/2024 at Annexure-B passed by Principal Senior Civil Judge and CJM at Ballari.” 2. This Court had by an order dated 21.01.2025 granted stay which reads as follows: “Learned counsel Smt. Gayatri S. R. is directed to accept notice for the respondent. Petitioners to serve set of papers upon the aforesaid said counsel. List the matter on 31.01.2025. The petitioner avails a loan of Rs.3,50,000/- on 27.01.2023. It transpires that he defaults due to manifold reasons. The petitioner is said to be a coolie. Proceedings under SARFAESI Act are instituted against the petitioner, which has resulted in taking away of - 4 - NC: 2025:KHC-D:1998 WP No. 100369 of 2025 possession of the property of the petitioner. Therefore, there shall be an interim order of stay, as prayed for, subject to the condition that the petitioner would deposit Rs.50,000/- to the respondent-Bank within one week from today. In the event, the petitioner would deposit Rs.50,000/-, possession if taken by the respondent-Bank shall be handed over to the petitioner or the petitioner be restored with possession. The order is passed in the peculiar circumstances of a of coolie, who has been preceded for default of Rs.3,50,000/-. List this matter on 31.01.2025.” 3. This Court passed certain order for re-delivery of possession on payment of Rs.50,000/- as the loan amount itself for Rs.3,50,000/-. Both the payment and recovery of possession has been complied with. 4. The counsel for the petitioners submits that he would submit a representation to the bank for redressal of his grievance. - 5 - NC: 2025:KHC-D:1998 WP No. 100369 of 2025 5. The representation, if submitted, the bank shall consider the same and pass necessary orders in accordance with law. 6. The petitioners shall not default in payment of equal monthly installments as was being paid earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 42