- 1 - HC-KAR NC: 2026:KHC:5201 WP No. 28053 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 28053 OF 2023 (GM-DRT) BETWEEN: 1. B. MUTHU LAKSHMI W/O S.BOOBESH AGED 50 YEARS 2. S. BOOBESH S/O P. SUBRAMANI AGED ABOUT 55 YEARS BOTH ARE R/AT NO. 379, ITC 1ST A CROSS RAMASWAY PALYA M.S. NAGAR POST BANGALORE -560 023 …PETITIONERS (BY SMT.KEERTHANA SWAMY, ADVOCATE FOR SRI. KARUMBAIAH T.A., ADVOCATE) AND: 1. CANARA BANK GANGAMMA CIRCLE BRANCH Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5201 WP No. 28053 of 2023 JALAHALLI BANGALORE- 560 101 2. THE SENIOR MANAGER CANARA BANK ARM -II BRANCH 2ND FLOOR, M.G. ROAD, SPENCER TOWER BANGALORE -560 001 3. THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL-I 4TH FLOOR, TELEPHONE HOUSE RAJ BHAVAN ROAD, BANGALORE -560 001 …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R2 SRI.M.N.KUMAR, ADVOCATE FOR R3 R1 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A DTD 22.11.2023 THE WARRANT OF ATTACHMENT OF IMMOVABLE PROPERTY FORM NO.I.T.C.P.16 ISSUED BY THE R3 UNDER SECTION 29 OF RECOVERY OF DEBTS DUE TO BANK. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5201 WP No. 28053 of 2023 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: i. Issue a writ of certiorari to quash Annexure-A dated 22.11.2023 of attachment of immovable property Form No.ITCP.16 issued by the 3rd respondent under Section 29 of Recovery of Debts due to Bank; ii. Direct the respondents to grant 6 months time to repay the entire dues to 1st respondent-Bank, Bangalore. iii. Issue any other writ, order or direction as this Hon’ble Court deems fit in the circumstances of the case; The co-ordinate bench of this court has passed an order on 19.12.2023 as follows: Heard the learned counsel for petitioners. Issue emergent notice to the respondents. List the matter on 17.01.2024, in the fresh matters list. Till such time, the respondents shall not precipitate the matter against the petitioners, subject to the condition that the petitioners depositing Rs.2.50 lakhs by the next date of hearing. The co-ordinate bench of this court had passed another order on 05.02.2024 which reads as follows: - 4 - HC-KAR NC: 2026:KHC:5201 WP No. 28053 of 2023 This court on 19.12.2023 had passed the following order: Heard the learned counsel for petitioners. Issue emergent notice to the respondents. List the matter on 17.01.2024 in the fresh matters list. Learned counsel appearing for the petitioners submits that amount of Rs.2.5 lakhs is paid. Learned counsel appearing for the Bank submits that amount is due as on today is Rs.72.2 lakhs. Therefore, the petitioners shall within the next 4 weeks from today deposit Rs.20.00 lakhs to the Bank and further deposit will be directed on the said date. 2. Learned counsel for the respondent submits that the order dated 19.12.2023 is complied with and however order dated 05.02.2024 is partly complied with. It is submitted that the petitioner who has come before this court seeking of limited relief that he requires six months time could enjoy the interim order for 3 years had failed to pay the amount. 3. Learned counsel appearing for the petitioner submits that the petitioner may be permitted to withdraw the writ petition with a liberty to avail the appropriate remedy. 4. As regards the prayer sought for by the learned counsel for the petitioner, this court is not inclined to grant any - 5 - HC-KAR NC: 2026:KHC:5201 WP No. 28053 of 2023 such liberty. The petitioner has come before this court seeking 6 months time for payment and from time to time the interim order is extended and he has enjoyed the interim orders for a period of three years successfully and could stall the proceedings. Hence, this court is not inclined to grant any liberty to the petitioner. Accordingly, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 26