- 1 - HC-KAR NC: 2026:KHC:4634 WP No. 35 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 35 OF 2026 (GM-DRT) BETWEEN: MAITHILI P N DAUGHTER OF P. NAGARAJ, AGED ABOUT 24 YEARS, RESIDING AT NO 236, AVVA BUILDING, NITUVALLI, DAVANAGERE-577 004. …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: 1. AUTHORISED OFFICER CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD., COMPANY REGISTERED UNDER THE COMPANY ACT, PRESTIGE LIBRA, 2ND FLOOR, MUNICIPAL NO 45 (OLD NO 454 AND 45/1), LALBAGH ROAD, ABOVE PASSPORT OFFICE, BANGALORE -560 027. 2. MRS. INDUMATHI G. W/O LATE M. ASHOK AGED ABOUT 35 YEARS, DOOR NO 1780/A-19-20, 1ST MAIN, 6TH CROSS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4634 WP No. 35 of 2026 VINAYAKA BADAVANE, NEAR VIDYANAGARA PARK, DAVANAGERE- 577 005. 3. MR. ASHOK AJAY MIRAJAKAR, SON OF ASHOK M.R., AGED ABOUT 40 YEARS, DOOR NO 1780/A, -19-20, 1ST MAIN, 6TH CROSS, VINAYAKA BADAVANE, VIDYANAGARA NEAR PARK, DAVANAGERE -577 005. 4. M/S. ARRKAY TYRES, D. NO-2842, SHOP NO 84/ D, 84/E, 84/F, KONDAJJI BASAPPA NEW COMPLEX, P.B. ROAD, NEAR KSRTC BUS STAND, DAVANAGERE -577002 …RESPONDENTS (BY SRI. SURESH V, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE POSSESSION NOTICE ISSUED BY THE RESPONDENT, DATED 22-08-2025, PRODUCED AT ANNEXURE-A CONSEQUENTLY QUASHING THE ORDER DATED 28-11-2025, PASSED IN CR. MISC. NO. 605/2025, PASSED BY THE PRINCIPAL CIVIL JUDGE AND CJM COURT, DAVANAGERE, PRODUCED AT ANNEXURE-B., IN SO FAR AS THE PORTION OF THE SCHEDULE PROPERTY OF THE CRIMINAL MISC., PETITION IS CONCERNED WHICH IS SCHEDULED HEREUNDER IN THIS PETITION, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2026:KHC:4634 WP No. 35 of 2026 ORAL ORDER The petitioner claims to be the tenant of the property in question and filed this petition challenging the possession notice dated 22.08.2025 issued by the respondent vide Annexure-A and also challenging the order dated 28.11.2025 passed in Crl.Misc.No.605/2025 by the learned Principal Civil Judge and CJM, Davanagere (‘Magistrate Court’ for short) vide Annexure-B. 2. Learned counsel for respondent No.1 submits that, pursuant to the possession notice vide Annexure-A, respondent No.1 has taken the possession of the entire premises on 19.12.2025 and further submits that, the petitioner has an efficacious remedy to challenge the order vide Annexure-B. Hence, this petition is not maintainable. 3. In view of the submission made by the learned counsel for respondent No.1, the writ petition is dismissed, reserving a liberty to the petitioner to challenge Annexure-B, if so advised. - 4 - HC-KAR NC: 2026:KHC:4634 WP No. 35 of 2026 4. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 38