Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32711 W.P. No.18107/2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.18107/2022 (GM-CPC)
BETWEEN:
SRI. DINARAM MALI AGED ABOUT 34 YEARS S/O SRI. SAKARAM R/AT NO.3/2, 1ST FLOOR AKKIMANE, 4TH CROSS AKKMAHADEVI ROAD POLICE ROAD CROSS BANGALORE-560053 PAN NO.BHNPD7998D AADHAR NO.7207 5325 0106 MOBILE NO.9480654601. …PETITIONER
(BY SMT. VEENA BHAT, ADV.,)
AND:
1. THE AUTHORIZED OFFICER CANARA BANK [LEGAL OFFICER] ARM BRANCH II, 2ND FLOOR CIRCLE OFFICE, SPENCER TOWERS NO.86, M G ROAD BANGALORE-560001 IFSC - CNRB0006298. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32711 W.P. No.18107/2022
2. SRI. SURESH VERILAL JOSHI PROP M/S MAHALAKSHMI FANCY NO.1, MAMULPET MAIN ROAD BANGALORE-560053. …RESPONDENTS (BY SRI. T.P. MUTHANNA, ADV., FOR R1 R2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE R1 HEREWITH, FROM ALL SARFAESI PROCEEDINGS FOR TAKING PHYSICAL POSSESSION OF SCHEDULE RESIDENTIAL PROPERTY, TILL 01.01.2023 TOGETHER WITH ISSUING APPROPRIATE DIRECTION TO THE R1 AND TO OTHER NECESSARY AND CONNECTED PARTIES, WHICH THIS HON’BEL COURT DEEMS FIT & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This petition is filed seeking the following reliefs:
“(1) Issue a writ of mandamus or any other writ as applicable to allow the present writ to restrain the Respondent No.1 herewith, from all SARFAESI proceedings for taking physical possession of schedule residential property, till 01.01.2023 together with issuing appropriate directions to the Respondent No.1 and to other necessary and connected parties, which this Hon’ble High Court deems it fit,
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HC-KAR NC: 2026:KHC:32711 W.P. No.18107/2022
(2) Pass such any/other order or direction that this Hon'ble High court deems fit to pass in the circumstances of the case, to protect the interest of the petitioner herewith as pleaded under facts and grounds above.”
2. The aforesaid prayer makes it clear that the petitioner is seeking mandamus against the respondent No.1 – Bank not to take possession till 01.01.2023. Since the said date is already passed, the prayer in the writ petition would not survive for consideration. Hence, this writ petition is dismissed as having become infructuous.
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
BSR List No.: 1 Sl No.: 37