- 1 - HC-KAR NC: 2025:KHC:35270 WP No. 22707 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22707 OF 2025 (GM-DRT) BETWEEN: 1. SMT SULOCHANA SARALAYA W/O LATE SRI MADHAVA SARALAYA, AGED ABOUT 84 YEARS, 2. MS KAVITA, D/O LATE SRI MADHAVA SARALAYA, AGED ABOUT 61 YEARS, 3. SMT TRIVENI SARALAYA, D/O LATE SRI MADHAVA SARALAYA, AGED ABOUT 59 YEARS, 4. SUDHARSHAN SARALAYA, S/O LATE SRI MADHAVA SARALAYA, AGED ABOUT 55 YEARS ALL R/T NO 33, 2ND CROSS, SV LAYOUT, RMV, 2ND STAGE, BANGALORE. …PETITIONERS (BY SRI. S R SHIVA PRAKASH.,ADVOCATE (ABSENT)) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35270 WP No. 22707 of 2025 AND: 1. CORPORATION BANK PATHANMTHITTA, NEAR GOVERNMENT HOSPITAL, PATHANMTHITTA, KERALA -682036. BY ITS MANAGER. 2. THE DEBT RECOVERY TRIBUNAL -2, 1 FLOOR, KSHB BUILDING, PANAMPILLY NAGAR ERNAKULAM, KERALA 682036. 3. THE RECOVERY OFFICER DRT-2, COMMERCIAL COURT COMPLEX, GPO COMPLEX, 4TH FLOOR, MINT SQUARE, BANGALORE-560001. 4. DR P.VITTAL SARALAYA, MAJOR, R/AT KARIKE HOUSE, S/O LATE RAMAKRISHNA SARALAYA, PANDESHWARA, TEMPLE ROAD, MANGALORE 575001. 5. SMT UMA, W/O LATE VIJESHA SARALAYA, AGED ABOUT 59 YEARS, 6. MS VIJETHA SARALAYA, D/O LATE VIJESHA SARALAYA, AGED ABOUT 39 YEARS, ALL ARE R/AT KARIKE HOUSE, PANDESHWARA TEMPLE ROAD, MANGALORE 575001. - 3 - HC-KAR NC: 2025:KHC:35270 WP No. 22707 of 2025 7. MS VEENETHA S. RAO, D/O LATE RAMAKRISHNA SARALAYA, AGED ABOUT 65 YEARS, VIJESHA SARALAYA, AGED ABOUT 39 YEARS, ALL ARE RESIDENTS OF KARIKE HOUSE, PANDESHWARA TEMPLE ROAD, MANGALORE. 575001. 8. SLP MOHAMAD BASHEER, AGED ABOUT 61 YEARS, 9. SMT KATHEEJA, W/O MR AHMED KUNHI, AGED ABOUT 62 YEARS, 10. SMT SLP NSEEMA, W/O NOT KNOWN, AGED ABOUT 55 YEARS, 11. SMT SLP MARIYAM W/O MOHAMMED ABBAS, AGED ABOUT 54 YEARS, 12. SMT SLP AYESHA, W/O OF HARRIS AHMED AGED ABOUT 49 YEARS, 13. SMT SLP MISRIYA, W/O SAIFULLA, AGED ABOUT 43 YEARS, 14. SMT SLP SAHEEDA, W/O MTP UMMER, AGED ABOUT 59 YEARS, - 4 - HC-KAR NC: 2025:KHC:35270 WP No. 22707 of 2025 15. SRI SLP MOHAMMED SABIQ, AGED ABOUT 45 YEARS, RESPONDENT NO. 9 TO 15 ARE ALL CHILDREN OF MTP ABDUL SALAM HAJI. ALL RESIDING AT KARIKE VILLAGE, MADIKERI TALUK, COORG DISTRICT. 571201. 16. THOMSON JOSEPH, S/O SRI JOSEPH, AGED ABOUT 52 YEARS, R/AT KUZHIVELIL HOUSE, KOTTAMAL POST, WEST ELERI, VILLAGE, HOSSADURG TALUK, KASARAGOD DISTRICT, 671123 KERALA STREET. 17. LATE BIJU MATHEW ABHARAM, S/O ABHARAM, SINCE DECEASED BY LR'S MRS ANKUR BATRA, AGED ABOUT 47 YEARS, R/AT ANBATRA BUILDING, 160002 NO 83, SECTOR 18 A, CHANDIGAR. …RESPONDENTS (BY SRI. PRABHU RAO C B.,ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT - 5 - HC-KAR NC: 2025:KHC:35270 WP No. 22707 of 2025 OF CERTIORARI QUASHING THE ORDER DATED 15-5- 2009 PASSED IN ORIGINAL APPLICATION IN NO OA 299/2016 PASSED BY THE DEBT RECOVERY TRIBUNAL-2. ERNAKULAM, KERALA TO THE EXTENT IT AFFECTS THE PETITIONER'S PROPERTY RIGHT AS CONFIRMED BY THIS HON'BLE COURT PASSED BY THE DIVISION BENCH DATED 21-11-2000 IN RFA 496/1991 AND RFA 31/1992; B) ISSUE A WRIT OF MANDAMUS RESTRAINING THE RECOVERY OFFICER, DRT-2, BANGALORE, FROM PROCEEDING AGAINST THE PETITIONER'S PROPERTY TO THE EXTENT DECLARED BY THIS APPEAL COURT; C) DECLARE THAT THE DEBT RECOVERY TRIBUNAL-2, ERNAKULAM, KERALA, PASSED BY THE PRESIDING OFFICER IN OA 299/2016 DATED 15-05-2019 VIDE ANNEXURE C AS IT LACKS TERRITORIAL JURISDICTION OVER IMMOVABLE PROPERTY SITUATED OUTSIDE KERALA I.E. LAND IN SY NO 425/105. 292/3 AND 291/2 IN ALL MEASURING 47 ACRES 62 CENTS SITUATED AT KARIKE VILLAGE, BHAGAMANDALA HOBLI, MEDIKERE TALUK, COORG DISTRICT, KARNATAKA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 6 - HC-KAR NC: 2025:KHC:35270 WP No. 22707 of 2025 ORAL ORDER This Court's previous order reads thus: "The learned counsel for the petitioners is permitted to pay appropriate Court fee in compliance with the office objections by the next date of hearing. The office is directed to re-list this petition on 04.09.2025." None appears for the petitioner, and the office objections on payment of court fee is not attended to. Therefore, the petition is dismissed for default. SD/- (B M SHYAM PRASAD) JUDGE NV