- 1 - HC-KAR NC: 2026:KHC:9775 WP No. 5117 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 5117 OF 2024 (GM-DRT) BETWEEN: 1. MR MOHAMMED MEERAJ AHMED AGED ABOUT 48 YEARS, S/OMOHAMMED ILLYAS, ALSO AT: II MM WOOD PLAYING, GUBBI GATE, B H ROAD, TUMKUR 572106. RESIDING AT: WARD NO.10, MELKOTE ROAD, RAMAKKA LAYOUT, SY NO.10/2, PID NO.72532, PLOT NO.18, TUMKUR 572101 2. MRS UMME SALMA AGED ABOUT 41 YEARS, W/O MR MOHAMMED MEERAJ AHMED, RESIDING AT: WARD NO.10, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9775 WP No. 5117 of 2024 MELKOTE ROAD, RAMAKKA LAYOUT, SY NO.10/2, PID NO.72532, PLOT NO.18, TUMKUR 572101. …PETITIONERS (BY SRI. MOHAMMED ATIF, ADVOCATE FOR SRI. RAJENDRA M A., ADVOCATE) AND: THE AUTHORIZED OFFICER ICICI HOME FINANCE, YESHWANTPUR BRANCH, 1ST FLOOR, NO.165 AND 166, MANJUNATHA CHAMBERS, SHANKAR NAGAR MAIN ROAD, MAHALAKSHMI PURAM, YESHWANTPUR, BANGALORE 560096, REP. BY ITS GENERAL MANAGER …RESPONDENT (BY SRI. FRANCIS XAVIER, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DT.24.01.2024 PASSED BY THE ADDL.SENIOR CIVIL JUDGE AND CJM, TUMKUR IN CRL.MISC. NO.226/2023 (ANNEXURE-A), SINCE THERE IS GROSS VIOLATION OF PROVISIONS OF THE ACT AND ON SUBSTANTIAL QUESTION OF LAW, WHICH THE ADDL. SENIOR CIVIL JUDGE AND CJM, TUMKUR, FAILED TO CONSIDER WHILE PASSING THE IMPUGNED ORDER. - 3 - HC-KAR NC: 2026:KHC:9775 WP No. 5117 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. Learned counsel for the petitioners files a memo seeking leave of the Court to withdraw the petition with a liberty to approach the Debts Recovery Tribunal within 30 days from today. 2. The Memo is placed on record. 3. The writ petition is dismissed as withdrawn with the aforesaid liberty. 4. The petitioners are directed to approach the Debts Recovery Tribunal within 30 days from today. 5. If the petitioners approach the Debts Recovery Tribunal within 30 days from today, the petitioners are entitled for the benefit under Section 14 of the Limitation Act. - 4 - HC-KAR NC: 2026:KHC:9775 WP No. 5117 of 2024 6. The respondent is directed not to take any coercive action against the petitioners for 30 days from today. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 41