- 1 - HC-KAR NC: 2025:KHC:47040 WP NO.5615 OF 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.5615 OF 2020 (GM-RES) BETWEEN: SMT. R. VINUTHA W/O MR. L. MOHAN AGED ABOUT 34 YEARS, R/AT NO.1075/39, 35TH 'D' CROSS, 28TH MAIN, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041. …PETITIONER (BY SRI. B.R. VISHWANATH, ADVOCATE (VC)) AND: 1. THE ASSISTANT GENERAL MANAGER ASSET RECOVERY MANAGEMENT BRANCH, SYNDICATE BANK, JASMINE MANSION, I FLOOR, J.C. ROAD, BENGALURU - 560 002. 2. MRS. EVELINE ASHOK NO.35, 'D' CROSS, 28TH MAIN, IV 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041. 3. 3(a). ASHOK KUMAR U.R. SINCE DEAD, REP. BY LRS. SMT. RUPASHREE W/O LATE ASHOK KUMAR Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47040 WP NO.5615 OF 2020 R/AT NO.1090, 19TH 'A' MAIN, J.P. NAGAR III PHASE, SARAKKI, BENGALURU. 3(b). KUMARI VASAVI D/O LATE ASHOK KUMAR MINOR, REP. BY MOTHER AND NATURAL GUARDIAN RESPONDENT NO.3(a) R/AT NO.1090, 19TH 'A' MAIN, J.P. NAGAR III PHASE, SARAKKI, BENGALURU. 3(c). SRI. U.S. RATHNA SETTY S/O SIDDAPPA SETTY, R/AT E-114/3, KONANAKUNTE CROSS, KONANANKUNTE BENGALURU - 560 061. 3(d). SMT. VIJAYALAKSHMI W/O U.S. RATHNA SETTY, R/AT NO.568-1, BOMMANAHALLI BENGALURU SOUTH TALUK. 4. SRI. G.K. SUBRAMANYA S/O LATE G. KRISHNAMURTHY, NO.1323, 32ND 'F' CROSS, 26TH MAIN, IV 'T' BLOCK, JAYANAGAR BENGALURU. …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1-BANK TO ACCEPT THE OFFER OF THE PETITIONER TO DISCHARGE THE MORTGAGE LOAN IN RESPECT OF PROPERTY BEARING NO.1075/39, 35TH 'D' CROSS, 28TH MAIN, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU-560041 AND ALSO TO EXECUTE REQUIRED DISCHARGE DOCUMENTS - 3 - HC-KAR NC: 2025:KHC:47040 WP NO.5615 OF 2020 IN HER FAVOUR OF THE PETITIONER AS PER LETTER DATED 23RD JULY, 2019 VIDE ANNEXURE-C; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is seeking direction to the respondent No.1-Bank to accept the offer of the petitioner to discharge the mortgage loan in respect of the property bearing No.1075/39, 35th 'D' Cross, 28th Main, 4th 'T' Block, Jayanagar, Bengaluru and to execute the required discharge documents in her favour as per the letter dated 23rd July, 2019 (Annexure-C). 2. Heard Sri. B.R. Vishwanath, learned counsel appearing for the petitioner and Sri. Vignesh Shetty, learned counsel appearing for the respondent No.1. 3. Sri. B.R. Vishwanath, learned counsel appearing for the petitioner submits that the petitioner became owner of the property in question having purchased the same as per the registered Sale Deed dated 20th July, 2011 (Annexure-B). Accordingly, learned counsel appearing for the petitioner - 4 - HC-KAR NC: 2025:KHC:47040 WP NO.5615 OF 2020 sought for direction to the respondent No.1-Bank to execute the required discharge documents in favour of the petitioner by accepting the offer made by the petitioner to discharge the mortgage loan in respect of the property in question. 4. Per contra, Sri. V.B. Shivakumar, learned counsel appearing for the impleading applicant in IA.1 of 2025 filed memo dated 17th November, 2025 along with the copy of registered Sale Deed dated 15th November, 2025 and submitted that the original borrower had executed the registered Sale Deed in favour of the impleading applicant on 15th November, 2025. Accordingly, learned counsel appearing for the impleading applicant by placing on record the 'No Due Certificate' issued by the respondent-Bank, sought for dismissal of the writ petition. 5. Having heard the learned counsel appearing for the parties and on perusal of the writ petition, it is not in dispute that the petitioner is claiming right over the property in question based on the registered Sale Deed dated 20th July, 2011 (Annexure-B) and on the other hand, the impleading applicant claiming right over the very same property based on - 5 - HC-KAR NC: 2025:KHC:47040 WP NO.5615 OF 2020 the registered Sale Deed dated 15th November, 2025 executed in his favour by the original borrower. The respondent-Bank had issued 'No Due Certificate' in respect of the loan account of the original borrower as per the letter dated 28th October, 2025. In that view of the matter, since the disputed question of facts are involved in this writ petition, I am of the considered opinion that the writ of mandamus would not lie against the respondent No.1-Bank by accepting the claim made by the petitioner in this petition. Therefore, it is open for the parties to adjudicate their right over the property in question in a manner known to law. Accordingly, writ petition is dismissed. In view of disposal of the writ petition, all pending applications stand disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 3