- 1 - HC-KAR NC: 2026:KHC:400 WP No. 26720 of 2025 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. 26720 OF 2025 (GM-DRT) BETWEEN: NKGSB CO-OPERATIVE BANK LIMITED, (MULTI STATE SCHEDULED BANK) NO.15, (OLD NO.458 AND 459), 4TH T BLOCK, 18TH MAIN ROAD, JAYANAGAR BANGALORE-560 011. REPRESENTED BY ITS THE ASSISTANT ZONAL HEAD / AUTHORISED OFFICER. SRI. VIVEKANAND V. SHIRALI AGED ABOUT 50 YEARS …PETITIONER (BY SRI. SHARATH KUMAR SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANASOUDHA, BANGALORE-560 001 2. THE DEPUTY COMMISSIONER, BANGALORE SUB-DIVISION, BANGALORE-560 001 3. THE INSPECTOR SAMPIGEALLI POLICE, BANGLAORE-560 045 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:400 WP No. 26720 of 2025 4. SRI N.ANAND MURTHY, AGED ABOUT 65 YEARS, S/O.NARAYANA SWAMY, RESIDING AT NO.331, THANISANDRA, ARABIC COLLEGE POST, BANGLAORE-560 045 (BORROWER AND MORTGAGOR) 5. SRI.VINAY ANANDA MURTHY, MAJOR BY AGE, S/O.SRI.N. ANANDA MURTHY, RESIDING AT NO.331, THANISANDRA, ARABIC COLLEGE POST, BANGLAORE-560 045 (CO-BORROWER) 6. SMT. DIVYA ANANDA MURTHY, MAJOR BY AGE, W/O. SRI. N. ANANDA MURTHY, RESIDING AT NO.331, THANISANDRA, ARABIC COLLEGE POST, BANGLAORE-560 045. (GUARANTOR) 7. M/S. HOTEL INDUSTRIALIST CO-OPERATIVE BANK LTD, SAHAKARA SOURABHA, NO. 234, 2ND CROSS, 4TH MAIN, CHAMARAJPET, BANGALORE 560018, REP. BY ITS AUTHORIZED OFFICER / MANAGER REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT …RESPONDENTS (BY SRI. YOGESH D NAIK, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECT EXPEDITIOUS DISPOSAL ON MEMO/EXTENSION OF TIME MEMO WHICH FILED BY THE PETITIONER BANK IN CRL.MISC. NO. 165/2018 PENDING BEFORE THE HON'BLE - 3 - HC-KAR NC: 2026:KHC:400 WP No. 26720 of 2025 ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE ANNEXURE-P. B) TO DIRECT THE CHIEF METROPOLITAN MAGISTRATE COURT TO PASS ORDER/EXTENSION ORDER FOR TAKING PHYSICAL POSSESSION OF MORTGAGE PROPERTY IN FAVOUR OF PETITIONER BANK. C) TO DIRECT THE RESPONDENT NO.7 TO HANDOVER THE ORIGINAL DOCUMENTS TO PETITIONER BANK. D) TO DIRECT THE RESPONDENT NO.7 TO GIVE NO DUE CERTIFICATE IN FAVOUR OF PETITIONER'S MORTGAGED PROPERTY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking a direction to the Chief Metropolitan Magistrate Court, Bengaluru (‘CMM Court’ for short) to pass an order on the memo filed by the petitioner, wherein the petitioner has sought an extension of time to execute the order dated 25.06.2018 passed in Crl.Misc.No.165/2018. The said memo was filed on 29.08.2025. The CMM Court has not passed any order on the said memo. Hence, the petitioner filedthis petition seeking a mandamus directing the CMM - 4 - HC-KAR NC: 2026:KHC:400 WP No. 26720 of 2025 Court to pass an appropriate order on the memo filed by the petitioner. 2. Admittedly, the CMM Court has passed an order on 25.06.2018 in Crl.Misc.No.165/2018; the said order could not be executed by the petitioner. The petitioner had filed a memo for extension of time to execute the order dated 25.06.2018. The CMM Court has not passed any order on the memo filed by the petitioner. 3. When the memo is filed, it is the duty of the CMM Court to pass an order on the memo. Admittedly, there is no order passed on the memo. 4. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is disposed of; ii. The CMM Court is directed to pass an appropriate order on the memo dated 29.08.2025 filed by the petitioner in accordance - 5 - HC-KAR NC: 2026:KHC:400 WP No. 26720 of 2025 with law within a period of 1 month from the date of receipt of a certified copy of this order; iii. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 28