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2026 DAILYLAW 46055 (KAR)

MRS. DIVYA R v. UNION BANK OF INDIA

WP/2178/2026 · 2026-02-05

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6997 WP No. 2178 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2178 OF 2026 (GM-DRT) BETWEEN: MRS. DIVYA R C/O PAVAN, AGED ABOUT 42 YEARS, RESIDING AT FLAT NO. FRT 003, 4TH FLOOR, SRI KRISHNA SERENITY APARTMENT, DUBASI PALYA, VALAGEREHALLI VILLAGE DAKALE, KENGERI HOBLI. BENGALURU-560060. …PETITIONER (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE) AND: 1. UNION BANK OF INDIA JAL BHAVAN BRANCH, NO.6, 1 STAGE, 1 PHASE, BTM LAYOUT, BANNERGHATTA ROAD, BENGALURU-560005. (A CORPORATE BODY CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970. REP. BY ITS MANAGER 2. MR. ABDUL AZEEM ISMAIL SAB AL, MAJOR IN AGE, RESIDING AT JAZEERA BUILDING, NO. 101, PO BOX 7890, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6997 WP No. 2178 of 2026 NAIF CORNICHE DEIRA, DUBAI UAE PREMISE NO. 115120599. ALSO RESIDES AT NO. 80, SAMSI KUDRIGI, SAMSI HONNAVAR, UTTAR KANNADA-581334. 3. MR. HANIFA ABDUL AZEEM W/O MR. ABDUL AZEEM ISMAIL SAB, MAJOR IN AGE, RESIDING AT NO. 556, UZMA MANZIL AZAD NAGAR, 6TH CROSS, BHATKAL, UTTAR KANNADA-581320. 4. MR. MANJUNATHA, MAJOR IN AGE, RESIDING AT NO. 1389, AREHOLE, NAVUNDA, KUNDAPURA, UDUPI-576224. …RESPONDENTS (BY SMT. PRASANNA KUMARI M.G., ADVOCATE FOR SRI. SHIVASHANKAR A, ADVOCATE FOR C/R1 IN CP 2097/26) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 08.01.2026 ISSUED BY THE RESPONDENT NO.1 BANK PRODUCED AT ANNEXURE-B, II. DIRECT THE RESPONDENT NO.1 BANK NOT TO EVICT THE PETITIONER FROM THE SCHEDULE PROPERTY. 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:6997 WP No. 2178 of 2026 ORAL ORDER 1. The petitioner has filed this writ petition seeking following reliefs: (i) quash the notice dated 08.01.2026 issued by respondent No.1 Bank produced at Annexure- B; (ii) direct respondent No.1 Bank not to evict the petitioner from the schedule property. 2. The petitioner files an affidavit of undertaking dated 05.02.2026 stating that the petitioner will vacate and hand-over the vacant possession of the schedule property to the respondent Bank on or before 05.05.2026. 3. The affidavit of undertaking is placed on record. 4. In view of the undertaking filed by the petitioner that she would vacate the schedule property in question on or before 05.05.2026, and in the facts and - 4 - HC-KAR NC: 2026:KHC:6997 WP No. 2178 of 2026 circumstances of the case, I proceed to pass the following: ORDER (i) The writ petition is disposed of directing the petitioner to vacate and hand over the vacant possession of the schedule property to the respondent Bank on or before 05.05.2026 as per her affidavit of undertaking. (ii) In case if the petitioner fails to vacate the premises on or before 05.05.2026, the respondent-Bank is at liberty to take the possession of the schedule property by due process of law. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 2 Sl No.: 11