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2026 DAILYLAW 51878 (KAR)

SMT PRATHIMA REDDY v. TUMKUR MERCHANTS CREDIT CO OPERATIVE LTD

WP/38001/2025 · 2026-01-12

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1646 WP No. 38001 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 38001 OF 2025 (GM-CPC) BETWEEN: SMT PRATHIMA REDDY W/O SRI ANAND REDDY AGED ABOUT 42 YEARS R/AT NO.82, 5TH CROSS ROAD ROYAL HERMITAGE, GOTTIGERE BANNERGHATTA ROAD BANGALORE - 560 083. …PETITIONER (BY SRI. SWAMY H.G, ADVOCATE) AND: 1. TUMKUR MERCHANTS CREDIT CO OPERATIVE LTD VEERASHAIVA KALYANA MANTAPA BUILDING 1ST FLOOR, J.C. ROAD TUMUKUR 572101 BRANCH OFFICE AT NO. 143, ARJUN ARCADE, 9TH MAIN, 3RD BLOCK, JAYANAGAR, BANGALORE – 11. REP BY ITS MANAGER, LOAN SECTION SRI. NANDAN.P.R S/O SRI RAMESH.P.N AGED ABOUT 34 YEARS. 2. SRI ANAND REDDY.C S/O CHINNASWAMY REDDY AGED ABOUT 50 YEARS RESIDING AT NO.82 ROYAL HERMITAGE OPPOSITE TO SHERWOOD LIGHT SCHOOL GOTTIGERE, BANNERGHATTA ROAD, BANGALORE 560 083. Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1646 WP No. 38001 of 2025 3. SRI SRIDHAR.M S/O MUNNISWAMY REDDY K.H AGED ABOUT 55 YEARS NO.64, 1ST CROSS, 1ST MAIN 7TH CROSS ROAD, BTM 2ND STAGE BANGALORE – 560 076. …RESPONDENTS (BY SRI. AKKIMANJUNATH GOWDA K, ADVOCATE) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER OF SALE WARRANT DATED- 5/12/2025 PASSED IN EXECUTION CASE NO.70/2024 ON THE FILE OF HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR AS PER ANNEXURE-H AND CONSEQUENTLY ISSUE DIRECTIONS TO THE LOWER COURT TO CONSIDER SETTLEMENT AFFIDAVIT DT-22/11/2025 VIDE ANNEXURE-G FILED BY THE PETITIONER, IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “ (i) Issue a Writ of Certiorari, quashing the Order of sale warrant dated: 05/12/2025 passed in Execution Case No.70/2024 on the file of Hon’ble Principal District and Sessions Judge, Kolar as per Annexure-H and consequently issue directions to the lower Court to consider settlement affidavit dt: 22/11/2025 vide Annexure-G filed by the petitioner, an accordance with law. (ii) Issue any other appropriate Writ, Order or Direction as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, to meet the ends of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:1646 WP No. 38001 of 2025 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. On the last date of hearing, on the basis of submissions made on behalf of the petitioner, this Court passed the following order: “Learned counsel for the petitioner on instructions submits that the petitioner would file an affidavit undertaking to deposit a sum of Rs.1,00,00,000/- (Rupees One Crore only) with the respondent- Bank, without prejudice to her rights and contentions, on or before 12.01.2026. In the said affidavit, petitioner would also undertake that the balance amount of Rs.4,00,00,000/- (Rupees Four Crore only) would be deposited before the respondent-Bank within a period of six weeks from 12.01.2026. The aforesaid submission is placed on record. Re-list on 12.01.2026 for preliminary hearing.” 4. The said order has not been complied with by the petitioner even till today. Accordingly, nothing survives in the present petition and the same is hereby dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 32