- 1 - HC-KAR NC: 2025:KHC-D:7313 WP No. 103288 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103288 OF 2025 (GM-RES) BETWEEN: 1. M/S. SHIVAYYA FUEL STATION, REPRESENTED BY ITS PROP. MR. RAJSHEKHAR S. MATHAPATI, AGE: 53 YEARS, OCC: BUSINESS, R/O. #62, PLOT NO.181, SADHNUNAVAR ESTATE, OPP. AGRICULTURAL UNIVERSITY, HIREMALLIGAWAD, DHARWAD-580005, ALSO AT H.NO.252, 2ND MAIN, 4TH CROSS, NARAYANAPURA, DHARWAD-580008. 2. MRS. LAKSHMI MATHAPATI W/O. RAJSHEKAR, AGE: 45 YEARS, OCC: HOUSEHOLD, R/O. CTS NO.4A/35/NL, MUNICIPAL WARD NO.2, GYANABA LAYOUT, NARAYANAPURA, DHARWAD-580005, ALSO AT H.NO.252, 2ND MAIN, 4TH CROSS, NRAYANAPURA, DHARWAD-580008. …PETITIONERS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: KOTAK MAHINDRA BANK LIMITED, HAVING ITS REGISTERED OFFICE AT 27BKC, C27, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400051, AND ONE OF ITS BRANCH OFFICE AT SRI. RAM PLAZA, 2ND FLOOR, OPPOSITE JAIN COLLEGE, CLUB ROAD, HUBBALLI, DHARWAD DISTRICT, KARNATAKA-580029, REPRESENTED BY ITS AUTHORIZED OFFICER, MR. SESHA SRINIVASAN M. S/O. GANESH M., AGE: 39 YEARS. …RESPONDENT (BY SRI. SUNIL S. DESAI, ADVOCATE FOR C/R) VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7313 WP No. 103288 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY QUASHING THE ORDER PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND CJM DHARWAD IN CRL. MISC. NO.111/2025 DATED 28/04/2025 VIDE ANNEXURE-C, INTEREST OF JUSTICE AND EQUITY. B. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REQUEST OF THE PETITIONERS DATED 08/05/2025 VIDE ANNEXURE-D, INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel for the petitioners and the learned counsel for the respondent. 2. During the course of arguments, learned counsel for the petitioners submits that possession of his house has been taken in pursuance to Crl.Misc.No.111/2025 following the procedure contemplated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. - 3 - HC-KAR NC: 2025:KHC-D:7313 WP No. 103288 of 2025 3. Learned counsel for the respondent-Bank submits that execution process is over and possession of the schedule property has been taken from the petitioners. Hence nothing would survive in the present petition. 4. In view of the possession having been taken in pursuance to Crl.Misc.No.111/2025, this petition would not survive for consideration any more as it has become infructuous and it has spent its purpose. Accordingly this petition is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 32