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2026 DAILYLAW 30371 (KAR)

N MUNINARASAIAH v. MAHILA CO-OPERATIVE BANK LIMITED

WP/19710/2023 · 2026-07-24

M G S Kamal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010455662023 NC: 2026:KHC:38339 WP No. 19710 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 19710 OF 2023 (GM-RES) BETWEEN: 1. N MUNINARASAIAH S/O LATE NARASIMHAIAH, AGED ABOUT 83 YEARS, 2. N VENKATARAMAIAH S/O LATE NARASIMHAIAH, AGED 80 YEARS BOTH PETITIONER NO.1 AND 2 ARE RESIDING AT NO.31, NEAR SHANIMAHATHMA TEMPLE, 4TH CROSS, BYRAPPA LAYOUT, NAGASHETTYHALLI, RMV 2ND STAGE, BENGALURU-560 094 …PETITIONERS (BY SRI. AJAYA KUMAR K.,ADVOCATE) AND: 1. MAHILA CO-OPERATIVE BANK LIMITED REP BY ITS AUTHORISED OFFICER, SMT YAMUNA P, GENERAL MANAGER, NO.14, SOUTH END ROAD, SHESHADRIPURAM, BENGALURU-560 020 …RESPONDENT (BY SRI.K.RAMA BHAT.,ADVOCATE FOR R1) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010455662023 NC: 2026:KHC:38339 WP No. 19710 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE RESPONDENT BANK TO RE-DELIVERY THE POSSESSION SUBJECT PROPERTY TO PETITIONER WITHOUT ANY PROCESS UNDER THE LAW BY HOLDING THAT THE ACTION TAKEN IN THE GUISE OF TAKING MEASURES UNDER PROVISIONS OF SARFAESI ACT AGAINST THE PETITIONERS IN RESPECT OF SUBJECT PROPERTY IS ILLEGAL AND ARBITRARY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. None appears for the petitioners. 2. Learned counsel for the respondent submits that the petition is filed in the light of initiation of proceedings under the SARFAESI Act. He further submits that the petitioners have cleared the entire loan amount. He has filed a memo dated 12.09.2024 which reads as under: " The Respondent respectfully submits that pending disposal of the above writ petition the Petitioners have cleared the entire loan amount and the account has been closed. In the result the Respondent has closed the proceedings under SARFAESI Act, 2002. As such the above writ petition has become infructuous. Letter dated 11-09-2024 issued by the Respondent Bank is enclosed herewith for kind perusal of this Hon'ble Court. - 3 - HC-KAR CNR: KAHC010455662023 NC: 2026:KHC:38339 WP No. 19710 of 2023 Accordingly, it is prayed that the above writ petition may kindly be dismissed as infructuous in the interest of justice." 3. Memo is placed on record. 4. In view of the above, the writ petition is dismissed as having become infructuous. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 8