Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51159 WP No. 20883 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20883 OF 2025 (GM-RES) BETWEEN:
1.
MR. P RIYAZ S/O LATE S.K. PYARE JAAN, AGED ABOUT 35 YEARS, RAT NO. 4540, WARD NO-23, RAHAMATHNAGAR, VIJAYAPURA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 135 KARNATAKA.
2.
MRS. NOOR ASFIYA, W/O P.RIYAZ, AGED ABOUT 25 YEARS, R/AT NO.4540, WARD NO-23, RAHAMATHNAGAR, VIJAYAPURA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 135.
(PETITIONER NO.1 - BORROWER AND PETITIONER NO.2 CO-BORROWER) …PETITIONERS (BY SRI. MUSRATH TABASSUM, ADVOCATE) AND:
1.
M/S. JANA SMALL FINANCE BANK LTD., AT THE FAIRWAY BUSINESS PARK, 1ST FLOOR, DOMALUR,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:51159 WP No. 20883 of 2025
KORAMANGALA INNER RING ROAD, NEAR EMBASSY GOLF LINKS BUSINESS PARK CHALLAGHATTA, BANGALORE - 560 071 REP. BY GENERAL MANAGER REGISTERED UNDER BANKING COMPANY ACT 1949.
2. MR.P.BABAJAN, S/O LATE, S.K. PYARE JAAN, AGED ABOUT YEARS, R/AT WARD NO-23, RAHAMATHNAGAR.
VIJAYAPURA, DEVANAHALLI TALUK.
BANGALORE RURAL DISTRICT-562135 …RESPONDENTS (BY SRI. SURESH V, ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE POSSESSION NOTICE ISSUED BY THE RESPONDENT BANK VIDE ANNEXURE D DATED 11/6/2025 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs: a) Issue writ of certiorari/ or writ of like nature for quashing the POSSESSION NOTICE issued by the respondent bank Vide Annexure-D dated 11/6/2025.
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HC-KAR NC: 2025:KHC:51159 WP No. 20883 of 2025
b) Issuing a writ of Mandamus like direction of like not to dispossess the petitioners from the schedule property by the respondent Bank, in the interest of justice and equity.
B) Such further and other reliefs as this Hon'ble Court may consider fit and proper in the
facts and circumstances of the case, in the interest of justice, equity and law
2. A memo dated 04.12.2025 has been filed by the counsel for the petitioners, which reads as under:
" The petitioner humbly prays that this Hon'ble Court may be pleased to permit withdrawal of the above petition as the petitioner has challenged
order passed under Section 14 of the SARFAESI Act before the Hon'ble DRT - II. Hence this memo, in the interest of justice and equity."
3. Accepting the said memo, the petition is dismissed as withdrawn.
Sd/- (SURAJ GOVINDARAJ) JUDGE
ykl List No.: 1 Sl No.: 41