- 1 - HC-KAR NC: 2026:KHC:19162-DB WP No. 15714 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 15714 OF 2024 (GM-DRT) BETWEEN: T.R. VADHIRAJA, S/O SRI. T. RAMAMURTHY, AGED ABOUT 43 YEARS, NO. 109, "SRI. MADHAVA NILAYA" 2ND MAIN, 1ST BLOCK, VASANTHA VALLABHA NAGAR, VASANTHAPURA, BANGALORE - 560 061. &PETITIONER (BY SRI. ASHOK G V., ADVOCATE) AND: BANK OF BARODA, EARLIER KNOWN AS VIJAYA BANK A COMPANY INCORPORATED UNDER THE LAWS OF INDIA, RAJAJI NAGAR BRANCH, POST BOX NO. 1007, 1001/52, 80FT. ROD 4TH BLOCK, RAJAJI NAGAR, BANGALORE - 560 010. RERPESENTED BY ITS AUTHORISED OFFICER ALSO AT: Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19162-DB WP No. 15714 of 2024 BANK OF BARODA C-26, G BLOCK, BANDRA KURLA COMPLEX, BANDRA EAST MUMBAI, MAHARASHTRA - 400 051. RERPESENTED BY ITS AUTHORIZED REPRESENTATIVE. &RESPONDENT (BY SRI. SHETTY VIGNESH SHIVARAM., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE INDIAN CONTITUTION, 1950, PRAYING TO ISSUE A WRIT OF MANDAMUS CERTIORARI, QUA-WARRANTO OR PROHIBITION OR ANY OTHER APPROPRIATE WRIT TO,1. QUASH AND SET ASIDE THE ORDER DATED 30.04.2024 PASSED BY THE HON'BLE DEBT RECOVERY APPELLATE TRIBUNAL IN APPEAL No.29/2022 PRODUCED AS ANNEXURE-A AND AS A CONSEQUENCE THEREOF, ALLOW THE APPEAL IN S.A No-468/2013 FILED BY THE PETITIONER UNDER SECTION 17 OF THE SECURITIZATON AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 BEFORE THE HON'BLE DEBT RECOVERY TRIBUNAL 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 D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) After arguing the matter for sometime, learned counsel for the petitioner submits that he would like to withdraw the writ petition and take recourse to the - 3 - HC-KAR NC: 2026:KHC:19162-DB WP No. 15714 of 2024 remedy available to him under the Code of Civil Procedure, 1908, by filing the suit as observed by Supreme Court in Central Bank of India and Another Vs. Prabha Jain and Others1. 2. Considering the said submission advanced on behalf of the petitioner, we dispose of this writ petition with the liberty as prayed for by the petitioner. 3. The status-quo in respect of the possession and title of property in question shall be maintained for a period of four weeks from today. If the suit is filed, Civil Court shall proceed to decide the matter independently of any observation by the DRT/DRAT. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 27/ct-vn 1 (2025) 4 SCC 38