- 1 - HC-KAR CNR: KAHC010059062023 NC: 2026:KHC:46550 WP No. 2644 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2644 OF 2023 (GM-CPC) BETWEEN: CANARA BANK A PUBLIC SECTOR BANK HAVING ITS BRANCH AT ARM BRANCH, MG ROAD BENGALURU 560001. REP. BY PAWAN CHATURVEDI AGED ABOUT 40 YEARS S/O K.B.L. CHATURVEDI CHIEF MANAGER ARM-I BRANCH, CANARA BANK. …PETITIONER (BY SRI. HEMANTH RAO, ADVOCATE FOR SRI. RUKKOJI RAO H S., ADVOCATE) AND: 1. MR Y B SHIVASHANKAR S/O LATE BYANNA AGED ABOUT 63 YEARS R/AT NO 117/4, LAKSHMI NILAYA NEAR BUS STOP 1ST CROSS PEENYA 2ND STAGE BENGALURU 560058. 2. M/S D.F. FORGINGS AND MACHINING CENTRE PVT. LTD., REP. BY ITS MANAGING DIRECTOR Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010059062023 NC: 2026:KHC:46550 WP No. 2644 of 2023 MR. KAMAL KISHORE REGD. OFFICE AT PLOT NO.498 4TH PHASE, 3RD STAGE PEENYA INDUSTRIAL AREA BENGALURU-560 058. 3. MR. KAMAL KISHORE S/O RAMASHISH SINGH AGED ABOUT 52 YEARS R/AT NO.64 2ND CROSS SUNDERNAGAR, GOKULA BENGALURU-560 054. …RESPONDENT (BY SMT. HARSHITHA R, ADVOCATE FOR SRI. SHREYAS JAYASIMHA., ADVOCATE FOR R2 & R3: R1 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED: 12.12.2022 AND 17.01.2023 ON IA NO.1/2022 AND IA.NO.2/2022 PASSED BY THE XX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN OS NO.7943/2022 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant No.3 under Articles 226 and 227 of Constitution of India, challenging the orders dated 12.12.2022 and 17.01.2023 on IA Nos. 1 and 2 passed by the XX Additional City Civil and Sessions - 3 - HC-KAR CNR: KAHC010059062023 NC: 2026:KHC:46550 WP No. 2644 of 2023 Judge, Bengaluru (for short, ‘Trial Court’) in O.S.No.7943/2022, whereby the Trial Court has directed the respondents/defendants not to alienate or create third party interest in respect of the suit schedule ‘B’ property. 2. Petitioner/defendant No.3 has challenged the impugned order passed by the Trial Court, on the ground that the suit itself is not maintainable in view of Section 34 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’). 3. This Court, on 16.02.2023 has granted an interim order of stay of the impugned order dated 12.12.2022, passed in O.S.No.7943/2022 by the Trial Court. 4. The respondent No.1/plaintiff is served and unrepresented. 5. The interim order dated 16.02.2023 is operating from last 3 years till today. Since the suit is of the year 2022, the interim order is operating from last 3 years and - 4 - HC-KAR CNR: KAHC010059062023 NC: 2026:KHC:46550 WP No. 2644 of 2023 no application for vacating the stay is filed and further, since none appear for the respondent No.1, hence, I am of the opinion that the writ petition can be disposed of, continuing the interim order granted by this Court till disposal of the suit. Accordingly, the following: ORDER (i) The writ petition stands disposed of. (ii) The interim order granted by this Court dated 16.02.2023 shall be continued till the disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 43