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2026 DAILYLAW 49723 (KAR)

SMT. SHASHIKALA v. M/S CANARA BANK

WP/24707/2024 · 2026-01-13

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1947 WP No. 24707 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. 24707 OF 2024 (GM-DRT) BETWEEN: 1. SMT. SHASHIKALA W/O LATE PRAKASH SHETTY, AGED ABOUT 66 YEARS, HIRAVATTE KODIGE KESAGODU, BIKKODU HOBLI, ALUR TALUK, HASANA DISTRICT - 573 215. 2. PRASHANTH S/O LATE PRAKASH SHETTY, AGED ABOUT 41 YEARS, NO.24, 1ST FLOOR, MARUTHI LAYOUT, NELAMANGALA TOWN, BENGALURU - 562 123. 3. SMT. KAVITHA D/O LATE PRAKASH SHETTY AND W/O PRASAD MANAI, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1947 WP No. 24707 of 2024 AGED ABOUT 43 YEARS, MAYYALA HOUSE, SAJIPA PADU POST, ULLALA TALUK, DAKSHINA KANNADA DSITRICT - 574 143. 4. SMT. SHWETHA D/O LATE PRAKASH SHETTY AND W/O SANATH ALVA, AGED ABOUT 39 YEARS, NO.41, GODREJ GOLD COUNTY, CHIKKABIDARAKALLU, TUMKUR ROAD, BENGALURU - 560 073. &PETITIONERS (BY SRI. M J ALVA., ADV.) AND: 1. M/S CANARA BANK (A GOVT OF INDIA UNDERTAKING) ARM BRANCH, REP BY ITS CHIEF MANAGER, CENTRAL OFFICE BUILDING, BALMATTA ROAD, MANGALURU - 575 001. 2. THE BRANCH MANAGER CANARA BANK, - 3 - HC-KAR NC: 2026:KHC:1947 WP No. 24707 of 2024 MAIN BRANCH, HASANA - 573 201. 3. GOVERNMENT OF INDIA REP BY ITS FINANCE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI - 110 001. &RESPONDENTS (BY SRI. S.KASINAGALINGAM, ADV. FOR R3, ASG SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT QUASHING THE IMPUGNED POSSESSION NOTICE DTD 6.6.2023 ISSUED BY CANARA BANK, ARM BRANCH, BALMATTA ROAD, MANGALURU / R-1 UNDER SEC 13(4) OF SARFAESI ACT WHICH IS PRODUCED AT ANNEXURE-C AND ALL FURTHER PROCEEDINGS INITIATED PURSUANT TO THE SAME AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:1947 WP No. 24707 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Learned counsel for the petitioners filed a memo for withdrawal stating that the petitioners have challenged the possession notice issued by respondent No.1 on 06.06.2023 under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Pursuant to the filing of the writ petition, the matter has been amicably settled between the parties. In view of the settlement under OTS Scheme, the petitioners are not willing to pursue the petition and prays to dismiss the petition as withdrawn. 2. The memo is taken on record. Accordingly, the writ petition is dismissed as withdrawn. - 5 - HC-KAR NC: 2026:KHC:1947 WP No. 24707 of 2024 In view of dismissal of the petition, I.A.No.1/2024 does not survive for consideration and accordingly, disposed off. Sd/- (ASHOK S.KINAGI) JUDGE SSB