- 1 - NC: 2025:KHC:9536 WP No. 21774 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21774 OF 2023 (GM-RES) BETWEEN: ABHISHEK J S/O. SRI. V. JAGANNATH, AGED ABOUT 27 YEARS, R/AT NO.187/5, 3RD CROSS ROAD, (BEHIND OLD CHECK POST), KANNADA KASTHURI ROAD, T. DASARAHALLI, BENGALURU - 560 057. …PETITIONER (BY SRI. D.SATHYA, ADV. FOR SRI. K V NARASIMHAN, ADVOCATE) AND: NAVAKALAYANA KARNATAKA SOUHARDA CREDIT COOPERATIVE LTD., HAVING OFFICE AT NO.277/27, 59TH CROSS, VATAL NAGARAJ ROAD, 3RD BLOCK, RAJAJINAGAR, BENGALURU-560 010, REP. BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENT (BY SRI. CHANDRASHEKAR P. PATIL, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION IN FORM OF LEGAL NOTICE AT ANNEXURE-E DATED 07/06/2022 AND EXECUTE THE DISCHARGE DEED AND RETURN THE DEPOSITED ORIGINAL DOCUMENTS OF THE PROPERTY IN QUESTION TO THE PETITIONER, WITHIN A TIME FRAME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9536 WP No. 21774 of 2023 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking a direction to the respondent - Bank to consider the representation and execute a discharge deed and return the deposited original documents of the property, within a particular time framed. 2. Heard the learned counsel Sri.D.Sathya, for the learned counsel Sri.K.V.Narasimhan, appearing for the petitioner and the learned counsel Sri.Chandrashekar P. Patil, appearing for the respondent. 3. The facts in brief, germane are as follows: One Sri.J.Manjunath acquires right over the subject property under a registered gift deed. Sri.J Manjunath avails a loan from the respondent - Cooperative Bank by executing a mortgage deed for which he deposit title deeds on 10.10.2013. Sri.J.Manjunath, who was the recipient of the gift deed was the absolute owner of the property. He executes gift deed in favour of his father one Sri.V. Jagannath. On 27.01.2021, Sri.V Jagannath executes a gift deed in favour of the petitioner. - 3 - NC: 2025:KHC:9536 WP No. 21774 of 2023 It is from 27.01.2021, the present petitioner has become the owner of the property. Ownership has changed from time to time, right from 10.10.2013 to 27.01.2021, all during the subsistence of the loan amount with the bank. 4. The petitioner who is now the absolute owner of the property, learns about the mortgage deed, repays the entire outstanding amount of Rs.20,35,233/- to the bank. Based upon which, the bank is said to have issued a clearance certificate, may not be in favour of the petitioner, but only after the amount was received from the hands of the petitioner. The amount stands cleared, as on today. 5. Two facts are vivid in the narration that is made hereinabove. One is, the petitioner as on today, is the holder of a gift deed and the property is in his possession; the loan of Rs.20,35,233/- that was to be cleared, has been cleared by the petitioner, on the strength of him being the owner of the property. The bank does not return the documents. This non-returning of the original documents is on the score that the wife of Sri.V.Jagannath has instituted a civil suit - 4 - NC: 2025:KHC:9536 WP No. 21774 of 2023 challenging the gift deed. The gift deed is valid as on today or Will be valid, till a Competent Court of law would annul the said gift on reasons recorded therein. 6. The petitioner then represents on several occasions seeking return of the original documents by executing a discharge deed. The loan amount is cleared. Today, there is no impediment in law for the bank not to return the original property documents to the petitioner, as he is in possession of the property pursuant to a gift deed executed on 27.01.2021. The bank has generated unnecessary obfuscation in the case at hand and delayed the return of property documents to the petitioner, which had to be validly returned to him. In that light, the petitioner becomes entitled to a direction issued to the respondent - bank to return the documents. 7. With the aforesaid observations, the following: ORDER i) The writ petition is disposed; ii) The respondent - Bank is directed to execute a discharge deed and return the original property - 5 - NC: 2025:KHC:9536 WP No. 21774 of 2023 documents to the petitioner, within two weeks from the date of receipt of the copy of this order; iii) The Registry is directed to return the originals that are filed along with the petition, by replacing it with a certified copies. Ordered accordingly. Sd/- ______________________ JUSTICE M.NAGAPRASANNA KG List No.: 1 Sl No.: 21