- 1 - HC-KAR CNR: KAHC010584002026 NC: 2026:KHC:48891 WP No. 26572 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 26572 OF 2026 (GM-CPC) BETWEEN: 1. MR. DAYANANDA AGED ABOUT 56 YEARS, S/O MR. NARAYANA H. NO.1-43/1, SATHISH NILAYA TRASI BEACH, TRASI, KUNDAPURA TALUK, UDUPI 576235. 2. MRS. BHAVANI. AGED ABOUT 50 YEARS, W/O MR. DAYANAND TRASI BEACH, TRASI, H. NO.1-43/1, SATHISH NILAYA, KUNDAPURA TALUK, UDUPI 576235. 3. MR. PRASHANTH SHETYY, AGED ABOUT 28 YEARS, S/O MR. RAJEEVA, H. NO. 3-284, BAHDDOOR SHA ROAD, KUNDAPURA KASABA VILLAGE, KUNDAPURA TALUK, UDUPI-576201. …PETITIONERS (BY SRI. DR.S.ARUMUGHAM., ADVOCATE(ABSENT)) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010584002026 NC: 2026:KHC:48891 WP No. 26572 of 2026 AND: 1. M/S MAHALAKSHMI CO OPERATIVE BANK LTD., ADMINISTRATIVE OFFICE AT KALMANJE TOWERS, LAL BAHADUR SHASTRI MARG, AJJARKAD, UDUPI 576101 RPSTD. BY ITS GENERAL POWER OF ATTORNEY JOLTED AND ASSISTANT GENERAL MANAGER, MRS. SHARIKA KIRAN, AGED ABOUT 52 YEARS, W/O, MR. KIRAN, HEJAMADY KODI, KAUP TALUK, UDUPI DISTRICT 574103 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EX. CASE NO.388/2025 AT ANNEXURE-C ON THE FILE OF THE PRINCIPAL CIVIL JUDGE. KUNDAPURA IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR CNR: KAHC010584002026 NC: 2026:KHC:48891 WP No. 26572 of 2026 ORAL ORDER This writ petition is filed seeking to quash Execution Case No.388/2026 pending on the file of the Principal Judge, Kundapura. 2. In the said execution proceedings, notice has been issued to the petitioners herein. The present petition is filed challenging the maintainability of the execution proceedings. The petitioners, in response to the notice issued in the execution proceedings, are entitled to raise all contentions available to them, including the contention regarding the maintainability of the execution proceedings. 3. In view of the above, the present petition is premature. Accordingly, the petition is dismissed. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 10