- 1 - HC-KAR NC: 2025:KHC:49166 WP No. 24071 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO.24071 OF 2025 (GM-DRT) BETWEEN: MOHAMMED JAVID MOHAMED HUSAIN S/O HAJI MOHAMAD HUSEN, AGED ABOUT 37 YEARS, R/AT DOOR NO.592/238, 2ND MAIN, 14TH CROSS, NEAR MADARASA, RAZA UL MUSTAFA NAGAR, DAVANAGERE – 577 001 …PETITIONER (BY SRI. NAWAZ BASHA QUADRI SYED., ADVOCATE) AND: M/S CHOLAMANDALAM INVESTMENT & FINANCE COMPANY LTD., PRESTIGE LIBRA, 2ND FLOOR, MUNICIPAL NO.45, (OLD NO.45 AND 45/1), LALBAGH ROAD, ABOVE PASSPORT OFFICE, BENGALURU – 560 027, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49166 WP No. 24071 of 2025 INCORPORATED UNDER COMPANIES ACT, 1956. REPRESENTED BY ITS MANAGER/ AUHORIZED OFFICER, MR. JANARDHAN T, S/O THAMMANNA, AGED ABOUT 42 YEARS. …RESPONDENT (BY SRI. PATIL J M., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PRE-POSSESSION NOTICE DATED 10.07.2025 ISSUED BY THE RESPONDENT/FINANCE COMPANY TO THE PETITIONER TO REMOVE ARTICLES FROM THE SCHEDULE PROPERTY AND HAND OVER ITS PEACEFUL POSSESSION TO THE AUTHORIZED OFFICER OF THE SECURED CREDITOR TO TAKE POSSESSION OF THE PROPERTY IN VACANT CONDITION VIDE AT ANNEXURE-B, IN RESPECT OF THE SCHEDULE PROPERTY; b) GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:49166 WP No. 24071 of 2025 ORAL ORDER Learned counsel for both sides are present. 2. Learned counsel for the petitioner has filed a memo seeking withdrawal of the writ petition which reads as under: “The undersigned counsel appearing for the petitioner respectfully submits that the respondent has issued a Possession Notice Dated 06.10.2025 and on the very same day the respondent has taken physical possession of the scheduled property. Such being a case, the above petition become infructuous. Hence, this Hon’ble Court may kindly be pleased to permit the petitioner to withdrawal of the above petition as not pressed and this Hon’ble court may kindly be dismiss the above petition as not pressed, in the ends of justice.” 3. In view of the said memo, the writ petition is dismissed as not pressed. Sd/- (UMESH M ADIGA) JUDGE TS List No.: 2 Sl No.: 0