- 1 - HC-KAR NC: 2026:KHC:17293 WP No. 2339 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2339 OF 2022 (GM-DRT) BETWEEN: 1. MRS LAKSHMI DEVI AGED ABOUT 42 YEARS D/O M MUNIYAPPA W/O NARASIMHA BABU RESIDING AT FLAT NO.F4 AND F5, 'D' BLOCK, HIMAGIRI CASTLE GREEN FOREST SILVER OAK STREET 1ST CROSS 1ST MAIN J P NAGAR 7TH PHASE BENGALURU-78. 2. MRS M KAVITHA AGED ABOUT 38 YEARS D/O M MUNIYAPPA 3. MR M AJITH AGED ABOUT 37 YEARS S/O M MUNIYAPPA 4. MISS M ANU AGED ABOUT 29 YEARS D/O M MUNIYAPPA PETITIONERS NO.2 TO 4 ARE RESIDING AT FLAT NO.T4 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17293 WP No. 2339 of 2022 HIMAGIRI CASTLE 19TH CROSS 20TH MAIN SMS LAYOUT J P NAGAR 5TH PHASE BENGALURU-78. …PETITIONERS (BY SRI. VIJAYA KUMAR R., ADVOCATE) AND: 1. THE ASSISTANT GENERAL MANAGER ZONAL STRESSED ASSETS RECOVERY BRANCH BANK OF BARODA TRINITY CIRCLE BENGALURU-01. 2. MR M RAJA AGED ABOUT 40 YEARS S/O LATE MUNIYALLAPPA RESIDING AT NO.36, 12TH CROSS 17TH MAIN, SARAKKI AGRAHARA J.P. NAGAR 2ND PHASE BENGALURU - 78. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 01.01.2022 PASSED IN CRL.MISC.NO.5137/2021 PASSED BY THE 44TH CHIEF METROPOLITAN MAGISTRATE BENGALURU CITY UNDER SECTION 13(3) DIRECT THE R-1 TO TAKE POSSESSION OF THE PROPERTY OF THE PETITIONERS AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:17293 WP No. 2339 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: "1) Issue a Writ of certiorari quashing the orders dt:01/01/2022 passed in Crl.Misc.No.5137/2021 passed by the 44th Chief Metropolitan Magistrate, Bengaluru city under Section 13(4) directing the 1st respondent to take possession of the property of the petitioners as per "ANNEXURE-A". (ii) Issue a writ of mandamus directing the 1st respondent in anyway creating any lien, charge or whatsoever over the aforesaid flats which are shown in the schedule under the guise of the loan sanctioned to M/s.J.P.Distributors. (iii) Issue any other writ or direction or any relief that this Hon'ble Court deems fit to grant in the facts and circumstances of the case including the /order as to costs;" 2. The writ petition was filed in the year 2022. The matter came up before the Court only on 18.04.2022 and - 4 - HC-KAR NC: 2026:KHC:17293 WP No. 2339 of 2022 06.06.2022, there was no representation on behalf of the petitioners. Hence, the matter was directed to be listed today under the caption for ‘dismissal’. 3. Today also, there is no representation on behalf of the petitioners. The impugned order passed by the Magistrate under Section 14 of the SARFAESI Act and the present writ petition is not maintainable before this Court. It appears that the petitioners are not interested in pursue the matter. 4. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed for non-prosecution. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 5