- 1 - HC-KAR NC: 2025:KHC-D:18187 WP No. 106648 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106648 OF 2025 (GM-RES) BETWEEN: KOTRESH S/O. SRI DURGAPPA AGE.40 YEARS, OCC.PRESS REPORTER, R/O HOUSE NO.1500, 4TH WARD, KOTE AREA, KOACHARA STREET, KOTTUR-583134. …PETITIONER (BY SRI. GIRISH V. BHAT, ADVOCATE) AND: UNION BANK OF INDIA ASSET RECOVERY BRANCH, VIR-ANNEX, KUSUGAL ROAD, KESHWAPUR, HUBBALLI-580023. ANDHRA BANK HAGARIBOMMANAHALLI BRANCH, PLOT-384, WARD IN 3RD BLOCK, ASSESSMENT NO.2 90D/4, 90D/3, HAGARIBOMMANAHALLI TALUK, HAGARIBOMMANAHALLI-583212. …RESPONDENT (BY SRI.GIRISH HULMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BALLARI IN CRL.MISC.NO.62/2025 DATED 29.05.2025 VIDE ANNEXURE-D AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:18187 WP No. 106648 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Petitioner is before this Court seeking the following prayer. “I. Issue a writ or direction or an appropriate order in the nature of certiorari quashing the impugned order passed by the Principal Senor Civil Judge and CJM, Ballari in Crl. Misc. No.62/2025 dated 29.05.2025 vide Annexure – D. II. Issue a writ or a direction or an appropriate order in the nature of mandamus directing the Respondent No.1 to consider the reprensetation dated 17.03.2025 submitted by the Petitioner vide Annexure – E. III. Grant such other reliefs and appropriate orders deemed fit and proper in the circumstances of the case, in the interest of justice and equity.” 2. The Co-ordinate Bench of this Court on 10.09.2025 had passed the following order. “1. Sri.Girish Hulmani, learned counsel accepts notice for the respondent. 2. Out of Rs.27,17,603/-, 25% of the same to be deposited in 4 weeks i.e. on or before 08.10.2025 and further 25% in 4 weeks from then i.e. by 05.11.2025. 3. The respondents are restrained from taking possession. 4. The order dated 29.05.2025 in Criminal Miscellaneous No.62/2025 is kept under suspension. - 3 - HC-KAR NC: 2025:KHC-D:18187 WP No. 106648 of 2025 5. In the event of default in payment of any of the above amount, the said order will come back into force by entitling the respondent to act on the said order to take possession. If not, is kept under suspension. 6. Relist on 14.10.2025 to ascertain whether first installment has been made. 7. The Commissioner is restrained from taking possession of the subject property, if not already taken.” 3. Again, owing to the fact that the petitioner had not deposited even a rupee, this Court had passed an order on 17.11.2025. The same reads as follows: “List the matter on 12.12.2025. The interim order subsisting shall continue till the next date of hearing, subject to the condition that the petitioner deposit a sum of Rs.4,00,000/- by the next date. Failing which, not only the interim order would stand vacated, the petition would run risk being dismissed.” 4. Even today, the respondent submits that not a rupee has been paid. 5. Therefore, the petition stands rejected, reserving liberty to the petitioner to avail of such remedy as is available in law. Sd/- (M.NAGAPRASANNA) JUDGE Rsh / CT:ANB List No.: 1 Sl No.: 156