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2026 DAILYLAW 14309 (KAR)

SMT MAADEVI M v. M/S THE KARNATAKA STATE CO OPERATIVE APEX BANK LTD

WP/21369/2025 · 2026-04-15

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20479 WP No. 21369 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21369 OF 2025 (GM-DRT) BETWEEN: SMT. MAADEVI M, W/O NAGA NAYAK, AGED ABOUT 45 YEARS, R/AT NO.3310, 1ST FLOOR, 40 FEET ROAD, CHANDRANAGARA, K.S LAYOUT, BENGALURU, KARNATAKA-560 078. …PETITIONER (BY SRI. SHREEDHAR KOTRASHETTI., ADVOCATE FOR SRI. RAJENDRA DESAI.,ADVOCATE) AND: 1. M/S THE KARNATAKA STATE CO OPERATIVE APEX BANK LTD CO-OPERATIVE APEX BANK LTD., REP. BY THE BRANCH MANAGER, NO. 1, UTHUNGA, PANPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU-560 018. 2. MR. SHIVAKUMAR. M S/O LATE MADDURAPPA M, AGED ABOUT 44 YEARS, NO.86, VASANTHPURA, SUBRAMANYAPURA POST, BANGALORE-560 061. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20479 WP No. 21369 of 2025 3. MRS. MEENAKSHI M, D/O LATE MADDURAPPA M, AGED ABOUT 47 YEARS, NO.442, SOMANAHALLI VILLAGE, WATTER TANK ROAD, KANAKAPURA MAIN ROAD, BANGALORE SOUTH TALUK, BANGALORE-560 082. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 21.02.2024 PASSED BY THE HON'BLE XXX ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN CRL. MISC. NO. 7634/2023, PRODUCED AT ANNEXURE-A, IN SO FAR AS IT AUTHORIZES THE RESPONDENT BANK TO TAKE PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY, WITHOUT NOTICE TO THE PETITIONER WHO IS IN LAWFUL POSSESSION AS A TENANT AND B. ISSUE A WRIT OF MANDAMUS OR APPROPRIATE DIRECTION RESTRAINING RESPONDENT NO. 1 THE KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., AND ITS OFFICERS OR AGENTS, FROM TAKING ANY COERCIVE STEPS AGAINST THE PETITIONER, INCLUDING DISPOSSESSION FROM THE RESIDENTIAL PREMISES BEARING NO. 3310, 12TH CROSS, KUMARASWAMY LAYOUT, 2ND STAGE, BENGALURU 560078, WITHOUT FOLLOWING DUE PROCESS OF LAW AND TO C. ISSUE APPROPRIATE DIRECTIONS TO RESPONDENTS NO. 2 AND 3, WHO ARE THE LEGAL HEIRS AND SUCCESSORS OF THE ORIGINAL BORROWER, MAKE APPROPRIATE PAYMENTS TO THE RESPONDENT BANK TOWARDS DISCHARGE OF THE OUTSTANDING LOAN LIABILITY AND SECURE THE SCHEDULE PROPERTY, SO AS TO AVOID PREJUDICING THE PETITIONER'S RESIDENTIAL OCCUPATION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:20479 WP No. 21369 of 2025 ORAL ORDER A memo is filed stating that the Bank has taken physical possession of the property and consequently, the relief sought in the writ petition has been rendered infructuous. 2. The memo is taken on record. 3. Accordingly, the writ petition is dismissed as withdrawn. 4. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 21