- 1 - HC-KAR NC: 2026:KHC:18728 WP No. 9160 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9160 OF 2026 (GM-RES) BETWEEN: SYED SADIQ AHMED S/O SYED ISAIQH AGED ABOUT 33 YEARS, R/AT NO.5, "MADINAH MANJIL" SECOND FLOOR, FALT NO.105, 4TH CROSS, AJJAPPA BLOCK, DINNUR MAIN ROAD, R T NAGAR, BENGALURU - 560 032. …PETITIONER (BY SRI. SHRIRAMA, ADVOCATE) AND: 1. THE MALLESHWARAM CO-OPERATIVE BANK LTD., NO.102, 7TH CROSS, MALLESHWARAM, BENGALURU - 560 003 REP. BY ITS AUTHORIZED OFFICER M.G. GURUPRASAD Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18728 WP No. 9160 of 2026 2. SRI. SYED AIJAZ AHMED, S/O. ABDUL RAHMAN AGED ABOUT MAJOR 3. SMT. ASMA BEGUM, AGED ABOUT MAJOR W/O. SRI SYED AIJAZ AHMED BOTH 2 AND 3 PARTIES RESIDING AT NO. 5, 1ST CROSS, 1ST MAIN ROAD, DINNUR, BENGALURU - 560 032. …RESPONDENTS (BY SRI. K.V. LOKESH, STANDING COUNSEL FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO TRANSFER A SUM OF RS. 17,00,000 (RUPEES SEVENTEEN LAKHS ONLY) TO THE PETITIONER FROM THE SURPLUS AMOUNT IN THE EVENT OF SALE OF SCHEDULE PROPERTY OF R2 AND R3, AFTER ADJUSTING THE OUTSTANDING LOAN DOUES RECOVERABLE FROM R2 AND R3 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:18728 WP No. 9160 of 2026 ORAL ORDER The petitioner, who claims to be a tenant under the borrower, has approached this Court seeking a writ of mandamus directing the respondent–Bank to appropriate the amount due under the loan account and to release the excess amount, if any, in favour of the petitioner towards refund of the security deposit paid to the landlord. The grievance of the petitioner is premised on the apprehension that the secured asset would be brought to auction by the Bank, and in such event, the petitioner’s claim for refund of security deposit would stand defeated unless the excess amount is secured. Learned counsel for the respondent–Bank, on instructions, submits that the borrowers have since cleared the entire outstanding dues and, as such, no amount remains payable to the Bank. It is further submitted that in view of the discharge of the loan, the proposed auction of the secured asset is no longer contemplated. In light of the subsequent development, namely repayment of the entire dues by the borrower, the very basis - 4 - HC-KAR NC: 2026:KHC:18728 WP No. 9160 of 2026 on which the petitioner has sought the relief does not survive for consideration. The question of directing the Bank to appropriate and disburse any excess amount in favour of the petitioner does not arise, as there is no subsisting recovery proceeding or surplus available with the Bank. Accordingly, the writ petition stands dismissed as having become infructuous. Liberty is, however, reserved to the petitioner to work out his remedy for recovery of the security deposit from the borrower/landlord in accordance with law, before the appropriate forum. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 71