- 1 - NC: 2025:KHC:8498 WP No. 25180 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 25180 OF 2024 (GM-RES) BETWEEN: 1. SRI. SIDDAYYA P, S/O POMPANNA,, SIDDESHA ASSOCIATES, AGED ABOUT 45 YEARS, NO. 20, "C" BLOCK, FIRST FLOOR, 5TH MAIN, 5TH CROSS, ABOVE HDFC BANK, GANDHINAGAR, BENGALURU - 560 009. 2. SRI. VENKATARAMAN NAIK, S/O NAGAPPA NAIK,, VNN ASSOCIATES, ADVOCATE, AGED ABOUT 44 YEARS, NO. 20, "A" BLOCK, FIRST FLOOR, 5TH MAIN, 5TH CROSS, ABOVE HDFC BANK, GANDHINAGAR, BENGALURU - 560 009. …PETITIONERS (BY SRI. K. BALAKRISHNA, ADVOCATE) AND: 1. THE MALLESHWARAM CO-OPERATIVE BANK LIMITED, NO. 102, EAST PARK ROAD, 7TH CROSS MALLESHWARAM, REPRESENTED BY ITS MANAGER. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8498 WP No. 25180 of 2024 2. THE PRESIDENT THE MALLESHWEARAM CO-OPERATIVE BANK LTD., NO. 102, EAST PARK ROAD, 7TH CROSS, MALLESHWARAM, BENGALURU - 560 003. 3. THE BRANCH MANAGER THE MALLESHWARAM CO-OPERATIVE BANK LTD., NO. 102, EAST PARK ROAD, 7TH CROSS, MALLESHWARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI. LOKESH K.V, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE ISSUED BY THE RESPONDENTS DATED 05.04.2024 VIDE REF.NO. 24 TO THE PETITIONERS VIDE ANNEXURE-A AND A1 IN SO FAR AS PETITIONER CONCERNED AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Issue notice to the respondents. 2. Learned counsel Sri K.V.Lokesh, who is present in the Court accepts notice for the respondents. - 3 - NC: 2025:KHC:8498 WP No. 25180 of 2024 3. Learned counsel for the petitioners submits that the petitioners are tenants in a portion of the office premises situated at the 1st floor of the building. On default of the owner of the premises, the respondent-bank has initiated proceedings for recovery of the loan amount along with interest. Annexures-A and A1 are notices issued to the petitioners calling upon them to hand over physical possession. Learned counsel submits that the petitioners have purchased a portion of the property on the 2nd floor in a public auction and sale certificate has been issued in their favour and they are putting up the new office in the 2nd floor. 4. It is the prayer of the petitioners that four weeks time may be required for the petitioners to shift to the 2nd floor. Moreover, notice could not have been issued to the petitioners since they are not the borrowers. 5. The learned counsel for the petitioners has today furnished an affidavit of the petitioners undertaking to vacate the premises within a period of four weeks. - 4 - NC: 2025:KHC:8498 WP No. 25180 of 2024 6. Learned counsel for the respondent-bank submits that if an undertaking affidavit is given before this Court, the Court may dispose of the writ petition granting four weeks time to the petitioners to vacate and hand over vacant possession to the respondents. 7. Accordingly, the writ petition stands disposed of, permitting the petitioners to make arrangements for vacating the premises and handing over the same to the respondents within a period of four weeks. The respondent-bank is directed to hand over possession to the petitioners forthwith. Re-list this matter on 27.03.2025, only for the purpose of enabling the respondents to file an affidavit stating that the petitioners handed over the possession. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 1 CT: BHK