- 1 - HC-KAR NC: 2026:KHC:4185 WP No. 6298 of 2024 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. 6298 OF 2024 (GM-DRT) BETWEEN: 1. M/S SRI BYRAVESWARA EDUCATIONAL TRUST REPT. BY MANAGING TRUSTEE DEVANAHALLI ROAD NEAR KEB OFFICE BUDIGERE DEVANAHALLI TALUK BANGALORE RURAL-562110 2. M/S STERLING ENGLISH AND RESIDENTIAL SCHOOL REPRESENTED BY ITS AUTHORIZED SIGNATORIES DEVANAHALLI ROAD NEAR KEB OFFICE BUDIGERE DEVANAHALLI TALUK BANGALORE RURAL-562110 3. MR ASHOK K B S/O BAIRAPPA S AGED ABOUT 64 YEARS R/A NO.16, KADAYARAPANAHALLI B K HALLI POST JALA HOBLI MYLANAHALLI BANGALORE NORTH-562149 4. MR MADAN A S/O ASHOK K B AGED ABOUT 36 YEARS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4185 WP No. 6298 of 2024 R/A NO.16, KADAYARAPANAHALLI B K HALLI POST JALA HOBLI MYLANAHALLI BANGALORE NORTH-562149 …PETITIONERS (BY SRI. NANJUNDAPPA A S., ADVOCATE) AND: VARTHANA FINANCE PVT. LTD. REGISTERED OFFICE VARASIDDHI, 3RD FLOOR, 5 BC-110, SERVICE ROAD 3RD BLOCK, HRBR LAYOUT BANGALORE-560043 …RESPONDENT (BY SRI. SUBHASHCHANDRA S HEDDURSHETTAR, ADVOCATE FOR C/R IN CP 132/2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO SET ASIDE ILLEGAL ORDERS DATED 15/11/2023, ANNEXURE-G, PASSED BY THE CJM IN CRL. MISC. 1514/2023 WITHOUT JURISDICTION, AUTHORITY AND POWER UNDER THE MANDATORY PROVISION LISTED UNDER SEC. 14(1) OF AFFIDAVIT CLAUSES (i) TO (ix), WITHOUT PURSUING, VERIFYING THE CONTENTS OF THE AFFIDAVIT, IS UNSUSTAINABLE IN THE EYE OF LAW AND AS SUCH IT SHOULD BE TREATED AS A NULLITY, IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND THE GROUNDS LISTED IN THE WRIT PETITION. B) TO SET ASIDE VACATION NOTICE DATED 11/01/2024 ISSUED BY THE BANK AFTER 58 YEARS EX- PARTE ORDERS PASSED BY THE MAGISTRATE, AS THE PETITIONER IS DEPRIVED OF FILING APPEAL UNDER SEC. 17(1) OF SARFAESI ACT BEFORE THE DRT, BANGALORE, AS THE LIMITATION IS ONLY 45 DAYS FROM THE DATE OF EX- PARTE ORDERS 15/11/23. C) TO PASS NECESSARY ORDERS FOR THE BANKS TO INFORM THE BORROWERS OF OBTENTION OF EX-PARTE ORDES FROM THE MAGISTRATE, EITHER ON THE SAME DAY OR ON THE NEXT WORKING DAY AS IS ENVISAGED - 3 - HC-KAR NC: 2026:KHC:4185 WP No. 6298 of 2024 IN ORDER XXXIX RULE 3 APPLICABLE TO INTERIM ORDERS OBTAINED FROM THE CIVIL COURT AND IF NOT SERVED THE MAGISTRATE ORDERS TO THE BORROWERS EITHER SAME DAY OR NEXT WORKING DAY THE ORDERS MAY BE TREATED AS NULL AND VOID BY APPLYING ORDER XXXIX RULE 3 FOR MAGISTRATE ORDERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. Learned counsel for the respondent submits that the dispute between the petitioners and the respondent has been settled and in view of the same, the writ petition has rendered infructuous. 2. Submission is placed on record. 3. The writ petition is disposed of as having rendered infructuous. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 5