- 1 - HC-KAR NC: 2026:KHC:20477 WP No. 15105 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15105 OF 2025 (GM-DRT) BETWEEN: MRS. PADMA D/O. MR. KRISHNEGOWDA, W/O. MR. PUTTASWAMY, AGED ABOUT 56 YEARS, RESIDENT OF DODDAMANDIGANAHALLI VILLAGE, KASABA HOBLI, HASAN TALUK AND DISTRICT. …PETITIONER (BY SRI. K RAVISHANKAR.,ADVOCATE) AND: 1. MR. MOHAN T.K S/O. MR. KRISHNE GOWDA, AGED ABOUT 31 YEARS, COURT COMMISSIONER APPOINTED BY THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT HASSAN RESIDENT OF THATTEKERE VILLAGE AND POST, KASABA HOBLI, HASSAN TALUK AND DISTRICT HASSAN -573 217. 2. M/S. CANARA BANK HAVING ITS BRANCH OFFICE H.O, FIRST FLOOR, HABEEBIYA COMPLEX, OPP. APMC YARD, BANGALORE - MANGALORE ROAD, HASSAN, KARNATAKA 573 201. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20477 WP No. 15105 of 2025 REP. BY ITS MANAGER. 3. 4. 5. MR. KESHAVE GOWDA S/O. MR. KRISHNEGOWDA, AGED ABOUT 58 YEARS, RING ROAD NO. 2375, CHIKKAKONDAGULA, NEAR SIRNAGARA, ITI TEJUR, PANCHAYAT, HASSAN 573 201. THE TAHASILDAR, HASSAN TALUK, HASSAN DISTRICT – 573 201. AMENDED V.C.O DATED 09.03.2026 THE ASSISTANT DIRECTOR OF LAND RECORDS, HASSAN TALUK, HASSAN DISTRICT – 573 201. AMENDED V.C.O DATED 09.03.2026 …RESPONDENTS (BY SRI.PRASAD K R RAO., ADVOCATE FOR SRI.PADMANABHA HOLLA S.,ADVOCATE FOR R2; V.C.O DATED 07.08.2025, NOTICE TO R1 STANDS DISPENSED WITH; SRI. R HEMANTH RAJ., ADVOCATE FOR R3; SRI. MAHANTESH SHETTAR., AGA FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE UNLAWFUL PROCEEDINGS CONDUCTED BY THE RESPONDENTS VIDE ANNX-F1 AND F2 CONCERNING THE PETITIONERS PROPERTY, SY. NO. 45/5, SITUATED AT ECHALAHALLY VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT, AND ANY SUBSEQUENT ACTIONS ARISING FROM SUCH PROCEEDINGS AND DIRECT THE RESPONDENTS TO IMMEDIATELY RESTORE POSSESSION OF THE PETITIONERS PROPERTY, SY. NO. 45/5, TO THE PETITIONER AND MAINTAIN THE STATUS QUO UNTIL THE DISPOSAL OF THE PRESENT WP. THIS WRIT PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:20477 WP No. 15105 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Learned AGA has placed the survey report before this Court. 2. The present writ petition is filed seeking the following prayer. “In view of the same, the petitioner humbly prays that this Hon’ble Court be pleased to: a) Issue a writ of certiorari or any other appropriate writ, order, or direction to quash the unlawful proceedings conducted by the respondents vide Annexure-F1 and F2 concerning the petitioner’s property, Sy.No.45/5, situated at Echalahally village, Kasaba Hobli, Hassan Taluk, Hassan District, and any subsequent actions arising from such proceedings. b) Issue an interim order directing the respondents to immediately restore possession of the petitioner’s property, Sy.No.45/5, to the petitioner and maintain the status quo until the disposal of the present writ petition. c) Grant any other relief as this Hon’ble Court deems fit and proper under the circumstances of the case.” - 4 - HC-KAR NC: 2026:KHC:20477 WP No. 15105 of 2025 3. The grievance of the petitioner is under the guise of the secured asset, the respondent Bank is trying to take possession of the petitioner's property. Hence, this Court on 11.12.2025 has passed an order of status-quo. Thereafter, the respondents have entered appearance and after hearing both the parties, this Court has passed an order on 18.03.2026. Pursuant to the order passed by this Court on 18.03.2026, the survey was conducted and the survey report is placed before this Court. As per the same, the petitioner's survey number is Sy.No.*45/5. The portion of the petitioner's building falls in Sy.No.45/3, which is a mortgage land to an extent of 40 square meters. The portion of the building porche indicated in the map measuring 40 square meters falls in Sy.No.45/3. The learned counsel appearing for the petitioner does not dispute the same. 4. In that view of the matter, the petitioner shall remove the encroachment as indicated in the survey report within four weeks from the date of receipt of copy of the order or else, the respondent Bank is at liberty to take appropriate steps in accordance with law in the light of the admitted survey report dated 07.04.2026 at the expenses of the petitioner. * Corrected vide chamber order dated: 28/04/2026. - 5 - HC-KAR NC: 2026:KHC:20477 WP No. 15105 of 2025 i. Accordingly, the writ petition is disposed of. ii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 19