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2025 DAILYLAW 42710 (KAR)

SRI. LOKESH V. D. v. HINDUJA HOUSING FINANCE LTD.,

WP/28730/2024 · 2025-10-14

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41065 WP No. 28730 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28730 OF 2024 (GM-RES) BETWEEN: 1. SRI LOKESH V. D, S/O LATE DURGEGOWDA, AGED ABOUT 45 YEARS, R/AT VARAGEREHALLY VILLAGE, KASABA HOBLI TUNGANI POST, KANAKAPURA TALUK, RAMANAGARA AND DISTRICT. 2. SRI SHANKARAMURTHY V D, S/O LATE DURGEGOWDA, AGED ABOUT 45 YEARS, R/AT VARAGEREHALLY VILLAGE, KASABA HOBLI TUNGANI POST, KANAKAPURA TALUK, RAMANAGARA AND DISTRICT. …PETITIONERS (BY SRI GOPALAKRISHNAN R, ADVOCATE) AND: 1. HINDUJA HOUSING FINANCE LTD., HAVING REGISTERED OFFICE AND CORPORATE OFFICE AT NO.27, A DEVELOPED INDUSTRIAL ESTATE GUINDY CHENNAI-600 032. REP. BY ITS AUTHORIZED OFFICER/MANAGER, REGISTERED BY COMPANY ACT, 1956. 2. HINDUJA HOUSING FINANCE LTD, BRANCH OFFICE AT NO.91 AND 92, (OLD NO.122 AND 123), 3RD FLOOR, 7TH MAIN ROAD, 30TH CROSS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41065 WP No. 28730 of 2024 4TH JAYANAGAR, BENGALURU 560011, REP. BY THE BRANCH MANAGER, REGISTERED BY COMPANY ACT, 1956. 3. HINDUJA HOUSING FINANCE LTD., BRANCH OFFICE AT NO.9/2, NEW 1-350, 2ND FLOOR, OPPOSITE TO CLOCK TOWER, ASHOKA ROAD, MYSORE 570001, REP. BY THE GENERAL MANAGER, REGISTERED BY COMPANY ACT, 1956. …RESPONDENTS (BY SRI ASHWATH C.M, ADVOCATE FOR R-1 TO R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 21.09.2024 IN RESPECT OF TAKING PHYSICAL POSSESSION OF THE SECURED ASSET i.e., IMMOVABLE PROPERTY MENTIONED BELOW AND SET ASIDE THE ORDER DATED 01.07.2024 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM AT RAMANAGARA IN CRL. MISC.NO. 109/2023 FOR TAKING POSSESSION OF THE SCHEDULE PROPERTY VIDE ANNEXURE-A AND B RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. Issue a Writ of Certiorari or in the like nature of Certiorari quashing the impugned notice dated 21.09.2024 in respect of taking physical possession of the secured asset i.e., immovable property mentioned below and set aside the order dated 01.07.2024 passed by the learned Prl. Senior Civil Judge and CJM at Ramanagara in Crl. Misc. No. 109/2023 for taking possession of the Schedule Property vide ANNEXURE-A and B respectively. - 3 - HC-KAR NC: 2025:KHC:41065 WP No. 28730 of 2024 b. Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity. 2. A memo dated 22.11.2024 has been filed signed by the learned counsel for the Petitioner seeking withdrawal of the petition, which reads as under: Memo for withdrawal The petitioners most respectfully prays that this Hon’ble Court be pleased to permit them to withdraw the above petition, in the interest of justice and equity. 3. Accepting the submission of the learned counsel for the Petitioner and the memo, the Writ Petition stands dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 94