- 1 - NC: 2025:KHC:12355 WP No. 30071 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 30071 OF 2024 (GM-RES) BETWEEN: 1. SMT. SHYLA C, WIFE OF RAJASHEKARA B.S, AGED ABOUT 49 YEARS 2. SRI. RAJASHEKARA B.S, SON OF SATHYANARAYANA B.R, AGED ABOUT 53 YEARS (PETITIONER NO.1 AND 2 ARE RESIDING AT SRI VEERABHADRESHWARA NILAYA, SRI CHOWDESHWARI LAYOUT, B.V.K.S BHEEMASAMUDRA ROAD, CHITRADURGA ROAD - 577 501. 3. SRI. SHIVAKUMAR K.M, S/O MAHESHWARAPPA SRI VEERABHADRESHWARA NILAYA, SRI CHOWDESHWARI LAYOUT, B.V.K.S., BHEEMASAMUDRA ROAD, CHITRADURGA ROAD - 577 501. …PETITIONERS (BY SRI. ABHISHEK K., ADVOCATE) AND: SRI SEETHARAGHAVA SOUHARDA SAHAKARA BANK NIYAMITHA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12355 WP No. 30071 of 2024 BUS STAND ROAD, HOSADURGA, CHITRADURGA DISTRICT - 577 527, REPRESENTED BY BRANCH MANAGER, REGISTRATION 03.10.2001, REGISTRATION NO. 024, UNDER KARNATAKA SOUHARDA SAHAKARI ACT, 1997. …RESPONDENT (BY SRI. S. LAKSHMINARAYANA, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 30.08.2024 PASSED IN CRL.MISC.NO. 95/2024 BY THE HONBLE COURT OF THE PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA PRODUCED AT ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a. Issue order in the nature of certiorari and quash order dated 30.08.2024 passed in Crl Misc No 95/2024 by the Hon'ble Court of the Prl.Senior Civil Judge and CJM, Shivamogga produced at ANNEXURE-A in the interest of justice and equity. b. Direct the Respondent to permit the Petitioner to continue making payments until the end of the tenure of the loan by restarting the payment of EMIs to the Respondent from today. - 3 - NC: 2025:KHC:12355 WP No. 30071 of 2024 c. Direct the Respondent to regularise mortgage loan account bearing No 10370200000046 maintained in Respondent Bank and permit the Petitioner to continue the loan account. d. Pass such other and further orders as this Hon'ble Court deems fit and proper in the fact & circumstances of the case." 2. Heard Sri. Abhishek K., learned counsel appearing for the petitioners, Sri. S. Lakshminarayana, learned counsel appearing for the respondent and have perused the material on record. 3. This Court, on 19.03.2025, had passed the following order: "Learned counsel for the respondent submits that 20% as directed on 08.11.2024 is not paid. The entire payment of Rs.13,90,200/- is not paid which would amount to 20% of the outstanding. Learned counsel appearing for the respondent would further submits that the amount that is paid Rs.12,00,000/- is paid to the savings bank account and not to the loan account which is disputed by the petitioners. Therefore, the petitioners if they have held the amount of Rs.12,00,000/- in savings bank account as on today and not transferred it to the loan account, the interim order would automatically vacated. Instructions be sought and submissions be made on the next date. The sale that is slated to be held tomorrow i.e., on 20.03.2025 shall stand deferred. - 4 - NC: 2025:KHC:12355 WP No. 30071 of 2024 List this matter on 24.03.2025, in the fresh matters list." 4. Learned counsel appearing for the petitioners submits that the interim order has been complied with and the petitioners have submitted a representation seeking closure of the account by One Time Settlement. 5. Learned counsel appearing for the respondent submits that the representation would be considered in accordance with law and appropriate orders would be passed thereon. 6. In that light, I deem it appropriate to dispose the petition, reserving liberty as aforesaid to submit a representation and also to pass necessary orders. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 12 CT: BHK