- 1 - HC-KAR NC: 2025:KHC:40247 WP No. 6058 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 6058 OF 2024 (CS-RES) BETWEEN: NASEEMA .A. WIFE OF LATE MAHAMAD ALI, AGED ABOUT 40 YEARS, RESIDENT OF GONDIBASAVANAHALLI VILLAGE, MADAPATANA POST, KUSHALNAGARA TALUK, KUSHALNAGAR, KODAGU - 571 234. …PETITIONER (BY SRI. VACHAN G.A., ADVOCATE (AB)) AND: 1. THE GENERAL MANAGER, TEACHERS CO-OPERATIVE BANK, HEAD OFFICE AT BALLIGA TOWERS, UDUPI - 576 101 2. THE REGISTRAR AND RECOVERY OFFICER, OF CO-OPERATIVE SOCIETIES, UDUPI - 576 101. …RESPONDENTS (BY SMT. PREMA, ADVOCATE FOR R1 SRI. YOGESH .D. NAIK, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER OF THE R2 TO ATTACH A SUM OF RS. 7,000 FROM THE SALARY OF THE PETITIONER PASSED IN EXECUTION PETITION NO. CEC/ARE/UBF/545/2022-23 DATED 26.6.23 PRODUCED AT ANNEXURE-B AND ETC., Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40247 WP No. 6058 of 2024 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Learned counsel for petitioner is absent. Heard Smt. Prema, learned counsel for respondent No.1 and Sri. Yogesh D Naik, learned Additional Government Advocate for respondent No.2. Perused the memorandum of settlement under Section 89 of CPC R/w Sections 24 and 25 of Karnataka Civil Procedure (Mediation) Rules, 2005, submitted by respondent No.1 reads as under: "The parties above named submit as follows:- I. The above writ petition is filed by the petitioner challenging the Execution Petition No.CEC/ARE/UBF/545/2022-23 issue a an attachment warrant against the petitioner. II. The petitioner's husband late. Mahamad Ali during his lifetime availed a loan of Rs.11,07,497/- (Rupees Eleven Lakhs Seven Thousand Four Hundred Ninety Seven Only) from the 1st respondent. The petitioner's husband died on 12.02.2021. Till his death he was repaying the installment amount through his monthly - 3 - HC-KAR NC: 2025:KHC:40247 WP No. 6058 of 2024 salary. The 1st respondent initiated recovery proceedings before the 2nd respondent. Subsequently Execution Petition No.CEC/ARE/UBF/545/2022-23 was initiated and an order of attachment warrant was issued. III. The aforesaid writ petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioner and the respondent No.1 along with their respective advocates are present and have participated. The parties have resolved their dispute and have agreed to the following terms and conditions:- 1. The petitioner has already issued a cheque bearing No.132194 dated: 13.11.2024 drawn on Teachers Co-operative Bank, Udupi Branch for a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) as full and final settlement to the 1st respondent. The 1st respondent acknowledges its receipt subject to realization. 2. Apart from the above both the parties state that they have no other claim against each other in this regard either past, present or in future. 3. The parties admit and agree that there is no collusion or force, fraud or any undue influence in entering into this agreement in the aforesaid manner. - 4 - HC-KAR NC: 2025:KHC:40247 WP No. 6058 of 2024 IV. In view of the aforesaid settlement entered between the parties hereto, the parties pray that this Hon'ble Court be pleased to pass appropriate order. V. Parties will appear before the Hon'ble Court for reporting this settlement." The petitioner has approached this Court seeking issuance of writ in the nature of certiorari to set-aside the order passed by respondent No.2 to attach a sum of Rs.7,000/- from the salary of the petitioner, as per the order dated 26.06.2023 produced as per Annexure - B. In view of the memorandum of settlement and payment of the entire amount by the petitioner to respondent No.1, the petition is liable to be allowed. Accordingly, the following: ORDER (i) The writ petition is allowed. (ii) In view of the memorandum of settlement between the parties, the order of respondent No.2 to attach a sum of Rs.7,000/- from the salary of the petitioner passed in Ex.P.No.CEC/ARE/UBF/545/2022-23 dated - 5 - HC-KAR NC: 2025:KHC:40247 WP No. 6058 of 2024 26.06.2023 produced as per Annexure - B is hereby set aside. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 2 Sl No.: 3