Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:52106 WP No. 9759 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.9759 OF 2023 (GM-RES) BETWEEN:
1.
SRI C S KANDHA SUBRAMANIYAM S/O C S M SRINIVASAN AGED ABOUT 65 YEARS,
2.
SMT. PADMINI KANDHA SUBRAMANIYAM S/O SRI C S KANDHA SUBRAMANIYAM, AGED ABOUT 58 YEARS,
3.
JYOTHI KANDHA SUBRAMNIYAM S/O SRI C S KANDHA SUBRAMANIYAM, AGED ABOUT 32 YEARS,
ALL ARE R/AT NO B-204, LUXURIA APARTMENT 8TH MAIN, SALARPURIA SATTVA, MALLESHWARAM, BENGALURU - 560055. &PETITIONERS (BY SRI. SRI MALLAHAR RAO, ADVOCATE) AND:
1.
THE HDFC LIMITED A LIMITED COMPANY REG.
UNDER COMPANIES ACT, HOUSING DEVELOPMENT,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:52106 WP No. 9759 of 2023
FINANCE CORPORATION LIMITED, HDFC HOUSE NO.51, KASTURBA ROAD BENGALURU - 560001 REPRESENTED BY BRANCH MANAGER. &RESPONDENT (BY SRI. VARUN S., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 24.04.2023 ISSUED BY RESPONDENT, VIDE ANNEXURE-F; 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 E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties.
2. In this writ petition, the petitioners have sought for following reliefs:
"(i) Issue Writ of Certiorari or in the like nature of Certiorari quashing the possession notice dated 24.04.2023 issued by respondent, vide - ANNEXURE - F;
- 3 -
HC-KAR NC: 2025:KHC:52106 WP No. 9759 of 2023
(ii) Issue Writ of Mandamus or writ of direction to the respondent, to refrain from further proceedings and not to take any such measures / steps in respect of the impugned possession notice dated 24.04.2023, issued by respondent, vide ANNEXURE -F; (iii) Issue Writ of Prohibition, prohibiting the respondent not to proceed with any further steps or measures or any such kind of initiatives coercive in nature pertaining to taking over the possession of schedule property belonging to the petitioners, vide ANNEXURE-F; (iv) 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.
3.
Learned counsel for the respondent filed-Bank has filed a memo stating that, the loan account of the petitioners has been closed and accordingly, 'Closure Certificate' is enclosed along with the memo.
4. In that view of the matter, no further orders are required to be made in this writ petition. Accordingly, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE SB:List No.: 1 Sl No.: 44