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2025 DAILYLAW 41143 (KAR)

KAZIM MOHAMMED v. THE STATE OF KARNATAKA

WP/17727/2022 · 2025-11-27

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49198 WP No. 17727 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.17727 OF 2022 (GM-RES) BETWEEN: 1. KAZIM MOHAMMED S/O MOHD. RIYAZ AHMAD AGED ABOUT 44 YEARS, 2. SMT. SHAHTAJ SHARIFF W/O KASIM MOHAMMED AGED ABOUT 40 YEARS, BOTH ARE RESIDING AT NO.7 RAGHAVENDRA LAYOUT 2ND CROSS, L R BANDE MAIN ROAD OPP. PURNA SMRUTHI PU COLLEGE R T NAGAR POST, BENGALURU – 560 032 …PETITIONERS (BY SRI. NARAYANASWAMY V K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY TO GOVT. VIDHANA SOUDHA BENGALURU – 560 001 2. M/S PIRMAL CAPITAL AND HOUSING FINANCE LTD. FORMERLY KNOWN AS DEWAN HOUSING FINANCE CORPORATION LTD. (DHFL) NO.13, OLD NO.5, 1ST MAIN VASANTHNAGAR, BENGALURU – 560 001 REP BY ITS MANAGER Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49198 WP No. 17727 of 2022 (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT) 3. THE AUTHORIZED OFFICER PIRAMAL CAPITAL & HOUSING FINANCE CORPORATION LTD, FORMETLY KNOWN AS DHFL NO.13, OLD NO.5, 1ST MAIN VASANTHNAGAR BENGALURU – 560 001 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1; SRI. S.LAKSHMINARAYANA, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER, DIRECTION THE RESPONDENT NOS.2 AND 3 TO CONSIDER THE REPRESENTATION DATED 19.03.2021 AND 29.03.2022 AT ANNEXURES-A & B, BY WAY OF LEGAL NOTICES GOT ISSUED BY THE PETITIONERS, AS PER ANNEXURES-A & D RESPECTIVELY, AND DIRECTING THE RESPONDENT NOS.2 AND 3 TO PERMIT THE PETITIONERS TO REPAY THE ENTIRE OUTSTANDING PRINCIPAL AMOUNT DUE AS ON DATE, BY WAIVING THE INTEREST THEREON, AND TO PERMIT THE PETITIONERS TO PAY THE SAME UNDER ONE TIME SETTLEMENT SCHEME, AS PER GUIDELINES ISSUED BY THE RBI & STATE AND CENTRAL GOVERNMENTS IN THIS REGARD; b) ISSUE A FURTHER WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER, DIRECTING THE RESPONDENT NOS.2 AND 3 NOT TO ENFORCE THE IMPUGNED POSSESSION NOTICE DATED 22.01.2022 AS PER ANNEXURE-B ISSUED UNDER THE SARFAESI ACT & THE RULES THEREUNDER; c) DIRECTING THE RESPONDENT NOS.2 & 3 TO PERMIT THE PETITIONERS TO DISPOSE OF THE MORTGAGED SCHEDULE PROPERTY TO THE INTERESTED BIDDERS/BUYERS, TO ENABLE THEM TO REALIZE THE CONSIDERATION AMOUNT AND TO DISCHARGE THE ENTIRE PRINCIPAL AMOUNT DUE WITH WAVERING OF INTEREST BY GRANTING EXTENSION OF TIME IN THIS REGARD TILL SETTLEMENT IF OVER AND ETC. - 3 - HC-KAR NC: 2025:KHC:49198 WP No. 17727 of 2022 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned counsel appearing for the petitioners has filed a memo seeking withdrawal of the writ petition with liberty to approach the appropriate competent forum. 2. Accepting the memo filed by the learned counsel for the petitioners, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE MEG List No.: 1 Sl No.: 39