Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 74140 (KAR)

SRI N GANGADHARA v. STATE BANK OF INDIA

WP/9660/2024 · 2025-11-03

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44184 WP No. 9660 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9660 OF 2024 (GM-DRT) BETWEEN: SRI N GANGADHARA AGED ABOUT 42 YEARS S/O H D NARAYANAPPA R/AT 2ND CROSS OPP. MUNICIPAL QUARTERS GARDEN AREA, SHIVAMOGGA SHIVAMOGGA DISTRICT - 577201 …PETITIONER (BY SRI. RENSPRE PRITHESH DSOUZA., ADVOCATE) AND: 1. STATE BANK OF INDIA REGISTERED UNDER THE STATE BANK OF INDIA ACT, 1955 HAVING ITS INTERALIA BRANCH OFFICE AT RASMECCC SHIVAMOGGA NO. 01, 1ST FLOOR, 2ND CROSS 2ND STAGE, ADARSH COLONY OPP SAVI BAKERY, VINOBHA NAGAR, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44184 WP No. 9660 of 2024 SHIVAMOGGA - 577204 REP. BY ITS AUTHORIZED OFFICER 2. SMT L JALAJAKSHI W/O N GANGADHAR AGED ABOUT 38 YEARS R/A 2ND CROSS, OPP MUNICIPAL QUARTERS GARDEN AREA, SHIVAMOGGA SHIVAMOGGA DISTRICT - 577201 …RESPONDENTS (BY SRI. NANDISH PATIL., ADVOCATE FOR R1 R2 SERVED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DTD. 14.03.2024 ISSUED BY R-1 REGARDING THE PETITION SCHEDULE PROPERTY PRODUCED AT ANNX-A.GRANT AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS IN PURSUANCE OF POSSESSION NOTICE DTD. 14.03.2024 ISSUED BY R-1 PRODUCED AT ANNX-A. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:44184 WP No. 9660 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER WHEREFORE, the Petitioner prays that this Honorable court may kindly be pleased to:- a) Issue a writ of Certiorari to quash the possession notice dated 14/03/2024 issued by respondent No.01, regarding the petition schedule property produced at ANNEXURE-A. b) Grant any other writ, order or direction as this Hon'ble Court deems fit and proper reliefs as this Hon'ble court deems fit and proper under the circumstances of this case." 2. When the matter came up for hearing before the Co-ordinate Bench of this Court on 08.04.2024, stay was granted on the condition that the petitioner shall deposit 20% of the amount due to the Bank within a period of six weeks i.e., 10% of the amount shall be paid within a period of three weeks and the remaining 10% within three weeks, thereafter. 3. Learned counsel appearing for the petitioner submits that the petitioner wants to avail alternative remedy and he may be permitted to withdraw the writ petition. As per his instructions, the interim order is complied with. - 4 - HC-KAR NC: 2025:KHC:44184 WP No. 9660 of 2024 4. Learned counsel appearing for the respondent No.1/ Bank submits that interim order is partly complied with. 5. Considering the submission of the learned counsel for the petitioner that the petitioner wants to avail alternative remedy, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed as withdrawn giving liberty to the petitioner to avail the appropriate remedy in accordance with law. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 1