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2026 DAILYLAW 45531 (KAR)

MR M RAHAMATHULLA v. M/S CANARA BANK

WP/639/2024 · 2026-01-13

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2336 WP No. 639 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 639 OF 2024 (GM-DRT) BETWEEN: MR M RAHAMATHULLA S/O LATE ABDUL KAHDER AGED ABOUT 56 YEARS PROP M/S B H TRADERS R/AT 22-9-1318/11 B H HOUSE, BROOKS VILLE LAYOUT, BOLAR POST OFFICE, HOIGE BAZAR MANGALURU - 575 001. &PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND: M/S CANARA BANK (REGISTERED UNDER SECTION 9(3) (B) OF THE BANKING COMPANIES ACT 1970/1980) FOUNDER9S BRANCH Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2336 WP No. 639 of 2024 MANGALURU - 575 003 IFSC CODE CNRB0000611 REPRESENTED BY ITS AUTHORIZED OFFICER &RESPONDENT (RESPONDENT SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) SET ASIDE THE POSSESSION NOTICE DATED 25/11/2021 VIDE ANENXURE-B ISSUED BY THE RESPONDENT BANK BY STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT, 2002. b) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT BANK, NOT TO TAKE ANY FURTHER ACTIONS AGAINST THE SCHEDULE PROPERTY AND TO GRANT A MORATORIUM TIME OF SIX MONTHS TO CLEAR THE OTS AMOUNT OF RS. 39,17,000/- VIDE ANNEXURE-M. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ****** - 3 - HC-KAR NC: 2026:KHC:2336 WP No. 639 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Learned counsel for the petitioner submits that, the petitioner has settled the accounts with the respondent- Bank and there are no outstanding dues. Hence, the petition may be disposed of as having rendered infructuous. 2. The submission is placed on record. 3. Accordingly, the writ petition is disposed of as having become infructuous. 4. In view of disposal of the petition, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 2 Sl No.: 29