- 1 - HC-KAR NC: 2025:KHC-D:11415 WP No. 108101 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.108101 OF 2023 (GM-RES) BETWEEN: M/S. BANK OF BARODA P.B.ROAD BRANCH, SIDDESHWAR CHAMBERS, P.B.ROAD, HAVERI-581110. REP. BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER, SRI.JEEVAN G.N., AGE: 47 YEARS, R/O. HAVERI. …PETITIONER (BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE) AND: 1. MANJUNATH S/O. PUTTAPPA HOSALLI, AGE: MAJOR, OCC. NOT KNOWN, 2. SMT. LAKKAVVA M. HOSALLI W/O. MANJUNATH PUTTAPPA HOSALLI, AGE: MAJOR, OCC. NOT KNOWN, BOTHE ARE RESIDING AT R.S.NO.221B, PLOT NO.125, VIDYANAGAR WEST, HAVERI-581110. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA TO; I) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO ORDER DT. 07.03.2023 PASSED IN CRI. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11415 WP No. 108101 of 2023 MISC. NO.42/2022 (ANNEXURE-M) AND ORDER DT. 22.05.2023 PASSED IN CRI. MISC. NO.24/2023 (ANNEXURE-P) BOTH ORDERS PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE CJM HAVERI AND PASS APPROPRIATE ORDERS BY ALLOWING THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY; II) ISSUE A WRIT OF DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM HAVERI TO DISPOSE OF THE PETITION FILED BY THE PETITIONER BANK U/S. 14 OF THE ACT THEREBY BY ORDERING TO TAKE PHYSICAL POSSESSION OF SCHEDULE PROPERTY AND TO APPOINT OFFICER OF THE COURT TAKE VACANT POSSESSION OF SCHEDULE PROPERTY AND TO HAD OVER THE SAME TO PETITIONER AND ALSO DIRECT THE JURISDICTIONAL POLICE TO ASSIST TO TAKE PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY TO REALIZE THE LOAN AMOUNT DUE TO BANK BY THE RESPONDENTS, BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of certiorari or any other writ or direction in the nature of writ to order dt. 07.03.2023 passed in Cri. Misc. No.42/2022 (Annexure-M) and order dt. 22.05.2023 passed in Cri. Misc. No.24/2023 (Annexure-P) both orders passed by the court of the Principal Senior Civil Judge CJM Haveri and pass appropriate orders by allowing this writ petition, in the interest of justice and equity. ii. Issue a writ of direction in the nature of mandamus directing the court of The Principal - 3 - HC-KAR NC: 2025:KHC-D:11415 WP No. 108101 of 2023 Senior Civil Judge and CJM Haveri to dispose of the petition filed by the petitioner bank u/s. 14 of the act thereby by ordering to take physical possession of schedule property and to appoint officer of the court take vacant possession of schedule property and to had over the same to petitioner and also direct the jurisdictional police to assist to take physical possession of the schedule property to realize the loan amount due to bank by the respondents, by allowing this writ petition in the interest of justice; and iii. Grant such other or further relief as this Hon’ble Court may deem fit in the circumstances, including costs. 2. Learned counsel for the petitioner submits that the above petition has been rendered infructuous. 3. Accepting his submission, the petition is dismissed as having become infructuous. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 2 Sl No.: 62