- 1 - HC-KAR NC: 2025:KHC:30826 WP No. 29050 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 29050 OF 2024 (GM-DRT) BETWEEN: SMT. LAKKAMMA W/O GOPALAPPA, AGED ABOUT 73 YEARS, R/O KONIGARAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT PIN CODE - 577522. …PETITIONER (BY SRI. G A K GOWDA, ADVOCATE) AND: 1. PRAGATHI GRAMIN BANK T.N. KOTE, CHALLAKERE TALUK, CHITRADURGA DISTRICT PIN CODE - 577522 REPRESENTED BY ITS BRANCH MANAGER. 2. THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL, JEEVAN MANGAL BUILDING, NO.4, RESIDENCY ROAD, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30826 WP No. 29050 of 2024 BENGALURU - 560025. 3. P. V. SESHAGIRI, S/O VEERAPPA, AGED ABOUT 67 YEARS, R/O TORE BEERANAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT PIN CODE - 577522. 4. MANJANNA, S/O KRISHNAPPA, AGED ABOUT 57 YEARS, R/O KONIGARAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT PIN CODE - 577522. 5. SADASHIVA, S/O GOPALAPPA, AGED ABOUT 53 YEARS, R/O KONIGARAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT PIN CODE - 577522. 6. SMT. ANUSUYAMMA, D/O GOPALAPPA, AGED ABOUT 50 YEARS, R/O KONIGARAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT PIN CODE - 577522. 7. GANGADHARAPPA, S/O GOPALAPPA, AGED ABOUT 48 YEARS, - 3 - HC-KAR NC: 2025:KHC:30826 WP No. 29050 of 2024 R/O KONIGARAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT PIN CODE - 577522. 8. SMT. GEETHA, D/O GOPALAPPA, AGED ABOUT 45 YEARS, R/O KONIGARAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT PIN CODE - 577522. 9. MANJUNATH T. N., S/O T. NAGARAJA, HINDU MAJOR, R/O MANJUNATHA NILAYA, BASAVESHWARA CIRCLE, OPP. AMBHA BHAVANI TEMPLE, KELE GOTE, CHALLAKERE, CHITRADURGA DISTRICT PIN CODE - 577522. …RESPONDENTS (BY SRI. ROHITH R KUMAR., ADVOCATE FOR R1; SMT. ANUPAMA M.V, ADVOCATE FOR R9; R4, R5, R6, R7, R8 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-1, DIRECTING THE POLICE AUTHORITIES TO INTERVENE IN THE MATTER AND ASSIST IN HANDING OVER THE PHYSICAL POSSESSION OF THE PROPERTY TO THE R-9. VIDE ANNEXURE-E TO THE WP DATED 24.09.2024. - 4 - HC-KAR NC: 2025:KHC:30826 WP No. 29050 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The short question for consideration is: whether this petition must be disposed of with liberty to the petitioner to prosecute her appeal with the Debt Recovery Appellate Tribunal [DRAT] and make a request for interim protection and the adjunct question would be: whether there must be any protection to the petitioner for a limited period of time so that she can move the DRAT for just protection. Mr. G. A. K. Gowda, the learned counsel for the petitioner, Mr. Rohith R. Kumar, the learned counsel for the first respondent, and Ms. Anupama M. V, the learned counsel for the ninth respondent, are heard. This Court records that the petitioner has availed a statutory remedy with the DRAT as against the Debt - 5 - HC-KAR NC: 2025:KHC:30826 WP No. 29050 of 2024 Recovery Tribunal's [DRT] order under Section 20 of the Recovery Of Debts And Bankruptcy Act, 1993. This Court, on 28.10.2024 has directed the parties to maintain Status Quo as regards possession of the subject property. Mr. G. A. K Gowda submits that the loan was availed way back in the year 2007 and in terms of a settlement, the petitioner has also tendered the amount, but the first respondent within one month, though there was three months, has brought the property measuring about 12 acres to sale and the ninth respondent has purchased a portion of the property. The DRT has rejected the petitioner’s application only on the ground of delay. This Court opines that even if these circumstances constitute a good cause for interim protection, they must be considered by the DRAT and the petition must stand disposed of with liberty to the petitioner to seek such protection in the pending matter with the DRAT, and because the interim order - 6 - HC-KAR NC: 2025:KHC:30826 WP No. 29050 of 2024 has been in force for sometime, the same must continue for another eight [8] weeks. This Court is also of the view that the DRAT must, uninfluenced by the interim arrangement granted and continued by this Court as of now, must decide on the petitioner’s request for continuation of interim protection. As such, the following: ORDER The petition stands disposed of calling upon the respondent not to take precipitous action for eight [8] weeks from today with the observation as aforesaid. Sd/- (B M SHYAM PRASAD) JUDGE RB