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2026 DAILYLAW 13393 (KAR)

SRI CHALAPATHI T v. THE MAHILA CO OPEATIVE BANK LTD

WP/8763/2022 · 2026-03-04

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13285 WP No. 8763 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8763 OF 2022 (GM-DRT) BETWEEN: 1. SRI CHALAPATHI T., S/O LATE THIMMARAJU, AGED ABOUT 46 YEARS, OCCUPATION- DRY CLEANER 2. KUM ANNIE VAZ D/O LATE RICHARD VAZ, AGED ABOUT 63 YEARS, OCCUPATIION : RETD. PUBLIC SERVANT 3. SRI GURUMURTHY S/O LATE RUDHRAIAH, AGED ABOUT 65 YEARS, OCCUPATION: RETD PUBLIC SERVANT 4. SRI MAHADEVA S/O LATE SUBBE GOWDA, AGED ABOUT 40 YEARS, OCCUPATION: CABLE TV EMPLOYEE, 5. SMT RADHAMMA @ SMT RADHA W/O LATE ESHWARAPPA, AGED ABOUT 40 YEARS, OCCUPATION: HOUSE MAID 6. SRI MADHU K.M. S/O LATE MARI GOWDA, AGED ABOUT 36 YEARS, OCCUPATION: SHOPKEEPER, 7. SMT POLLAMMA W/O LATE BUDDAIAH, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13285 WP No. 8763 of 2022 AGED ABOUT 62 YEARS, OCCUPATION: SWEEPER ALL ARE R/AT NO.24, SHRI LAKSHMI VENKATESHWARA NILAYA, 1ST B CROSS, 3RD MAIN, MATHIKERE, BANGALORE-560 054 …PETITIONERS (BY SMT. HEGDE SUMANA MAHADEV, ADVOCATE) AND: 1. THE MAHILA CO -OPEATIVE BANK LTD., REP. BY ITS ASST. ACCOUNTANT OFFICER, SRI KRISHNA V GARADIMANI, NO.13 AND 14, SOUTH END ROAD, SHESHADRIPURAM, BENGALURU-560 020 2. LATE SRI NARAYANA RAO REP. BY LRS (A) SRI. GIRISH KUMAR N MAJOR, S/O LATE NARAYANA RAO (B) SRI HARISH N., MAJOR, S/O LATE NARAYANA RAO, R2(A) AND (B) ARE R/AT NO.24, SHRI LAKSHMI VENKATESHWARA NILAYA, 1ST B CROSS, 3RD MAIN, MATHIKERE, BANGALORE-560 054 …RESPONDENTS (BY SRI. RAMA BHAT K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTED: 18.06.2021 PASSED BY THE 24TH ACMM, BANGALORE AT ANNEXURE-C AS THE SAME IS AN ILLEGAL AND ARBITRARY ONE WHICH AFFECTS THE RIGHTS OF THE PETITIONERS TENANTS. - 3 - HC-KAR NC: 2026:KHC:13285 WP No. 8763 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER WHEREFORE the petitioners most respectfully pray that this Hon'ble Court may be pleased to:- A. Issue a Writ of Certiorari or order or direction to quash the order dated 18.06.2021 passed by the 24th ACMM, Bangalore at Annexure "C" as the same is an illegal and arbitrary one which affects the rights of the petitioners - tenants; B. Issue Writ of Mandamus or order or direction to the Jurisdictional Police Inspector of Yeshwanthpur Police Station, Bangalore not to evict the petitioners - tenants forcibly from the schedule premises; C. Such other relief as this Hon'ble Court deems fit and proper." 2. When the interim prayer was rejected by the Co- ordinate Bench of this Court by order dated 22.04.2022, the petitioners herein had filed WA.No.412/2022 which came to be - 4 - HC-KAR NC: 2026:KHC:13285 WP No. 8763 of 2022 dismissed. In the said order the Division Bench had observed that in view of the availability of the alternative remedy, the appeal is dismissed and it is also observed that since the appeal is dismissed, the deposit of a sum of Rs.1,00,000/- each by appellant Nos.1 to 6 shall be returned to them by the Registry, as per rules. Since a conditional order was already granted by this Court and in view of the submission being advanced by learned counsel for the petitioner, appellant Nos.1 to 7 shall not be dispossessed for a period of one month from the date of order i.e., 14.08.2025 from the property in dispute. 3. There is no representation on behalf of the petitioners. 4. Learned counsel appearing for respondent No.1 submits that in the light of the order passed by the Division Bench, the writ petition is not maintainable. In the light of the order dated 14.08.2025 passed by the Division Bench, this Court is passing the following order: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioners to avail the alternative remedy. - 5 - HC-KAR NC: 2026:KHC:13285 WP No. 8763 of 2022 ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 14