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2025 DAILYLAW 61980 (KAR)

KHADARSAB S/O. NABISAB MALANGANAVAR v. TIGER HOME FINANCE PRIVATE LIMITED

WP/105651/2025 · 2025-09-10

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11677 WP No. 105651 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105651 OF 2025 (GM-RES) BETWEEN: 1. KHADARSAB S/O. NABISAB MALANGANAVAR, AGE: 34 YEARS, OCC. PRIVATE WORK, 2. RAMEJA W/O. NABISAB MALANGANAVAR, AGE. 55 YEARS, OCC. HOUSE WIFE, 3. SHARIFSAB S/O. NABISAB MALANGANAVAR, AGE: 30 YEARS, OCC. PRIVATE WORK, ALL ARE R/O. BASAVESHWAR NAGAR, B-ARALIKATTI VILLAGE, TQ. HUBBALLI, DIST. DHARWAD …PETITIONERS (BY SRI. UMARFAROOK G. KATTIMANI, ADVOCATE) AND: TIGER HOME FINANCE PRIVATE LIMITED, (EARLIER KNOWN AS ADANI HOUSING FINANCE PRIVATE LIMITED) REP. BY AUTHORIZED OFFICER, MR. B.K. NAVEEN, AGED ABOUT 36 YEARS, REGISTERED OFFICE AT NO.1136, 1ST FLOOR, YALAHANKA KHB, B SECTOR, YALAHANKA NEW TOWN, BENGALURU-560064. …RESPONDENT (SOLE RESPONDENT-SERVED) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11677 WP No. 105651 of 2025 THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED. 17-03- 2025 PASSED BY III ADDL. SENIOR CIVIL JUDGE AND CJM DHARWAD COPY OF THE SAME IS PRODUCED AND MARKED AS ANNEXURE-B. B) ISSUE ANY WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT/BANK TO CONSIDER THE REQUEST FOR GRANTING SOME REASONABLE TIME TO CLEAR THE DUE BY THE PETITIONERS TO THE RESPONDENT/BANK 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 SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Writ of certiorari to quash the impugned order dated. 17-03-2025 passed by III Addl. Senior Civil Judge and CJM Dharwad copy of the same is produced and marked as Annexure-B. b. Issue any Writ, order or direction in the nature of mandamus directing the respondent/bank to consider the request for granting some reasonable time to clear the due by the petitioners to the respondent/bank. c. Writ of any other nature as the Hon’ble Court may be thinks fit in the facts and circumstance of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:11677 WP No. 105651 of 2025 2. A memo dated 10.09.2025 singed by the learned counsel for the petitioners, has been filed, which reads as under; “Herein the memo on behalf Petitioners is as under: It is submitted that the Petitioners are don’t want to proceed with the matter. Therefore it is most humbly prayed that the Writ Petition may kindly be withdrawn in the interest of justice and equity.” 3. Accepting the said memo and submission of the counsel for the petitioners, petition is dismissed as withdrawn. 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 gab Ct:pa List No.: 1 Sl No.: 97