- 1 - HC-KAR CNR: KAHC010190942023 NC: 2026:KHC:53674 WP No. 8604 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8604 OF 2023 (GM-DRT) BETWEEN: 1. MR FRANCIS MONTERIO AGED ABOUT 49 YEARS S/O MARCEL MONTERIO R/A KULAL HOUSE AND POST, KOLNAD VILLAGE, BANTWAL TALUK, D.K. …PETITIONER (BY SRI. CHANDRANATH ARIGA .K, ADVOCATE) AND: 1. VISHWAKARMA SAHAKARA BANK LTD HEAD OFFICE MANGALORE, CAR STREET, MANGALORE 575001 REPRESENTED BY IT AUTHORIZED OFFICER ASST GENERAL MANGER OF THE BANK, MR SURESH KUMAR B, S/O HARISHCHANDRA B, AGED ABOUT 52 YEARS 2. HARISH SHETTY K S/O LATE JAYARAMA SHETTY, AGED ABOUT 46 YEARS, H NO 3-294, KUDRIYA HOUSE, KUDTHAMOGARU POST 574323, KOLNADU BANTWAL TALUK, D. K. 3. SHASHIKALA W/O HARISH SHETTY K, AGED ABOUT 40 YEARS, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010190942023 NC: 2026:KHC:53674 WP No. 8604 of 2023 H NO 3-294, KUDRIYA HOUSE, KUDTHAMOGARU POST 574323, KOLNADU BANTWAL TALUK. 4. MR MOIDU KUNHI P S/O MAMMUNHIBEARY, AGED ABOUT 49 YEARS, 1-51/1 PADEKALLU HOUSE, NEAR ODIYOORDWARA, KAROPADY POST 574279, BANTWAL TALUK, D. K. …RESPONDENTS (BY SRI. KESHAVA BHAT .A, ADVOCATE FOR R1; SRI. V. MANJUNATH RAYAPPA, AGA FOR R2 AND R3; R4 - SERVED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09.01.2023 IN CRL.MISC. 8/2023 ON THE FILE OF PRL.SENIOR CIVIL JUDGE AND CJM, D.K., IN SO FAR AS THE PROPERTY OF THE PETITIONER IS CONCERNED, (ANNX-G); AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This matter was heard in the morning session. The counsel on record sought pass over to seek instructions in the matter. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010190942023 NC: 2026:KHC:53674 WP No. 8604 of 2023 2. This Court was of the view that the petition needs to be dismissed by imposing exemplary costs. However, in the afternoon session, the learned counsel for the petitioner, on instructions, seeks leave to withdraw the petition. Permission is accorded. 3. Accordingly, the writ petition is dismissed as withdrawn. (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 23 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified