- 1 - HC-KAR NC: 2026:KHC:23425 WP No. 10463 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10463 OF 2026 (GM-DRT) BETWEEN: 1. M/S VINOD CIVIL CONTRACTOR, PROP. MR. VINOD KUMAR M., NO. 3761/1,L-10, BASAPPA GARADI, VEERANAGERE, MYSURU-571 001 2. MR. VINOD KUMAR M., S/O MANJUNATHA, AGED ABOUT 32 YEARS, NO. 3761/1, L-10, BASAPPA GARADI, VEERANAGERE, MYSURU-571 001 3. MRS. SHYLAJA M., W/O MR. MADAIAH, AGED ABOUT 46 YEARS, NO. 4046, 9TH CROSS, GANDI NAGAR, MYSURU-570 007 ALSO AT HOUSE NO.62/A, PID NO.118816, KYATHAMARANAHALLI, SAMUDAYA BHAVANA ROAD, A.K. COLONY, NAZARBAD MOHALLA, MYSURU-570 019 …PETITIONERS (BY SRI. RAJU C.N., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23425 WP No. 10463 of 2026 AND: BANK OF BARODA, PANDAVAPURA BRANCH, PANDAVAPURA TOWN, MANDYA DISTRICT, REPRESENTED BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER, SRI. SUHASA, S/O SRI. S.T.HANUMAIAH, AGED ABOUT 45 YEARS …RESPONDENT (BY SRI.VIGNESH SHETTY, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, QUASHING THE ORDER PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT MYSURU IN CASE CRL MISS NO.584/2025 DATED 30/01/2026 VIDE ANNEXURE-A, IN SO FAR AS DISPOSSESSION OF PETITIONER AND PETITIONERS FAMILY MEMBERS ARE CONCERNED FROM THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR ‘DISMISSAL’, 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 pray that this Hon'ble Court may be pleased to: i) issue Writ of Certiorari or any other appropriate writ, order or direction, quashing the order passed by the III Additional Senior Civil Judge & CJM at Mysuru in case Crl.Miss.No.584/2025 - 3 - HC-KAR NC: 2026:KHC:23425 WP No. 10463 of 2026 dated:30/01/2026 vide Annexure - "A", in so far as dispossession of petitioner and petitioner's family members are concerned from the schedule property. ii) Issue any other appropriate writ, order or direction, deem fit in the circumstances of the case, in the interest of justice.” 2. When the matter came up for hearing on 08.04.2026, learned counsel appearing for the petitioners submitted that the petitioners are ready to pay the entire outstanding amount. Hence, the matter is adjourned on two occasions for filing the undertaking affidavit. 3. Today, the undertaking affidavit is filed before this Court and the party is also present before this Court. An affidavit is filed stating that the petitioners are undertaking to pay the outstanding amount of Rs.47,61,244/- to the Bank without fail within four months from today and requested this Court to grant four months' time to pay the loan amount. 4. Learned counsel appearing for the respondent/Bank submits that there may be direction to the petitioners to pay the amount within two months. It is submitted that the petitioners have to avail the remedy before the Debts Recovery Tribunal and they cannot come before this Court. Further, the petitioners are not entitled for four months' time. - 4 - HC-KAR NC: 2026:KHC:23425 WP No. 10463 of 2026 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the undertaking affidavit that is filed before this Court, this Court deems it appropriate to pass the following: ORDER i. As per the undertaking affidavit filed by the petitioners, the petitioners shall pay the entire amount by 27.08.2026 to the respondent/Bank. ii. If the petitioners fail to honor the affidavit that is filed before this Court, they shall pay cost of Rs.1,00,000/- to the respondent/Bank. iii. If the petitioners fail to pay the entire amount by 27.08.2026, the respondent/Bank is at liberty to take further steps in accordance with law. iv. Accordingly, the writ petition is disposed of. v. All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 68