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2026 DAILYLAW 47001 (KAR)

MR. VIVEKANANDA R SHETTY v. THE AUTHORIZED OFFICER/SENIOR MANAGER LAW

WP/7251/2024 · 2026-01-06

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:405 WP No. 7251 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 7251 OF 2024 (GM-DRT) BETWEEN: 1. MR. VIVEKANANDA R SHETTY S/O MR. RAGUNATH SHETTY, AGED ABOUT 59 YEARS, NO. 1-142, GURIGADDE, “SHRAVAN” KUNJATHBAIL, MANGALURU - 575 015. 2. MRS. MAMATHA W/O MR. VIVEKANANDA R SHETTY, AGED ABOUT 55 YEARS, NO.1-142, GURIGADDE, “SHRAVAN” KUNJATHBAIL, MANGALURU - 575 015. …PETITIONERS (BY SRI. K SHASHIKANTH PRASAD., ADVOCATE) AND: THE AUTHORIZED OFFICER/SENIOR MANAGER LAW MANIPAL HOUSING FINANCE SYNDICATE LTD., UDUPI DISTRICT, MANIPAL - 576 104. …RESPONDENT (BY SRI. B.S. MAHENDRA, ADVOCATE FOR C/R IN CP 20144/23) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:405 WP No. 7251 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 3.11.23 IN CRL. MISC NO. 353/2023 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MANGALURU AND LOCK OPEN AND REDELIVER THE POSSESSION OF THE SCHEDULE PROPERTY TO PETITIONERS (ANNEXURE-B). THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this petition challenging the order dated 03.11.2023 passed in Crl.Misc.No.353/2023 by the Court of the learned Principal Senior Civil Judge and Chief Judicial Magistrate, Mangaluru vide Annexure-B and a direction to lock open and re-deliver the possession of the schedule property to the petitioners. 2. Learned counsel for the respondent submits that, pursuant to the order passed by the learned Principal Senior Civil Judge, the respondent has taken the possession of the property. In view of the same, the writ petition does not survive for consideration. - 3 - HC-KAR NC: 2026:KHC:405 WP No. 7251 of 2024 3. The said fact has not been disputed by the learned counsel for the petitioners, as the impugned order has already been enforced. 4. In view of the same, nothing further survives for consideration in this writ petition. Accordingly, the writ petition is dismissed as having become infructuous. 5. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of accordingly Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 12