- 1 - HC-KAR NC: 2025:KHC:42946 WP No. 29316 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 29316 OF 2024 (GM-DRT) BETWEEN: 1. SOMASHEKAR S.M., S/O SHIVALINGAIAH AGED ABOUT 33 YEARS R/O AT PROPERTY NO. 28-1-505-112 WARD NO.28, OLD NO. G 779 PROPERTY NO D7/1424/1288/G779 GUTHALU COLONY, BASANAGUDI 2ND CROSS MANDYA 2. SMT. THAYAMMA W/O SHIVALINGAIAH AGED ABOUT 62 YEARS R/O AT PROPERTY NO.28-1-505-112 WARD NO 28, OLD NO.G 779 PROPERTY NO D7/1424/1288/G779 GUTHALU COLONY, BASANAGUDI 2ND CROSS MANDYA – 571 401 …PETITIONERS (BY SRI. JAGADEESH M.S., ADVOCATE FOR SMT.VIJAYALAKSHMI, ADVOCATE- ABSENT) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42946 WP No. 29316 of 2024 AND: M/S MANAPURAM HOME FINANCE LTD., HAVING ITS BRANCH AT NEW KANTHARAJE URS ROAD MYSORE CITY REPRESENTED BY ITS AUTHORIZED OFFICER MR.BASAVARAJU.P S/O PUTTAMADEGOWDA AGED ABOUT 35 YEARS MYSORE …RESPONDENT (BY SRI. MAHENDRA B.S., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH (ANNEXURE-A) ACTION TAKEN BY RESPONDENT BY WAY OF ISSUING AND AFFIXING THE POSSESSION NOTICE DATED 21.01.2021 UNDER SEC 13(4) OF SECTORIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT IN RESPECT OF THE RESIDENTIAL HOUSE PROPERTY BEARING MUNICIPAL KATHA NO D7/1424/1288/G779.PID NO 281-505-112 SITUATED AT WARD NO 28, 2ND CROSS, BASAVANGUDI GUTHALU COLONY, MANDYA CITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42946 WP No. 29316 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the auction by the respondent/bank in affixing the possession notice dated 21.01.2024 under Section 13(4) of SARFAESI Act and also sought an interim order seeking stay the operation and execution of possession notice dated 01.01.2024 issued under Section 13(4) of SARFAESI Act. 2. This matter came up before the Co-ordinate Bench of this Court on 25.11.2024. Emergent notice was issued and the interim order as prayed for was granted subject to the petitioners depositing 25% of the outstanding amount due within four weeks from the date of order. Failing which, interim order granted automatically stands vacated and the respondent is at liberty to proceed in accordance with law. On 19.06.2025 the interim order was extended. Again on 02.07.2025 the interim order is extended and there was no representation on behalf of the petitioners on that day. Then again on 08.07.2025, the interim order is extended. On 14.07.2025, 20.08.2025, 01.09.2025 the interim order is being extended. - 4 - HC-KAR NC: 2025:KHC:42946 WP No. 29316 of 2024 3. This matter came up before this Court on 16.10.2025, as there was no representation on behalf of the petitioners, this Court had directed the matter to be listed today under the caption for “dismissal”. In spite of the fact that the matter is listed under the caption for “dismissal” today, there is no representation on behalf of the petitioners. The petitioners are enjoying the interim order from the year 2024 and they have failed to appear before this Court. 4. It appears that the petitioners are not interested to pursue the matter. 5. Accordingly, this writ petition is dismissed for non-prosecution. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 2