- 1 - HC-KAR NC: 2026:KHC:20706 WP No. 13476 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13476 OF 2025 (GM-DRT) BETWEEN: MRS. ANURADHA M.P. W/O. MR. KESHAVEGOWDA, AGED ABOUT 41 YEARS, RESIDENT OF 6TH CROSS, SARASWATHIPURAM, HASSAN 573 201. …PETITIONER (BY SRI. ARCHANA MURTHY.,ADVOCATE) AND: 1. MR. MOHAN T.K S/O. MR. KRISHNE GOWDA, AGED ABOUT 31 YEARS, COURT COMMISSIONER APPOINTED BY THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT HASSAN RESIDENT OF THATTEKERE VILLAGE AND POST, KASABA HOBLI, HASSAN TALUK AND DISTRICT HASSAN -573 217. 2. 3. M/S. CANARA BANK HAVING ITS BRANCH OFFICE BY ITS MANAGER, H.O, FIRST FLOOR, HABEEBIYA COMPLEX, OPP. APMC YARD, BANGALORE - MANGALORE ROAD, HASSAN, KARNATAKA 573 201. THE TAHASILDAR, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20706 WP No. 13476 of 2025 4. HASSAN TALUK, HASSAN DISTRICT – 573 201. AMENDED V.C.O DATED 09.03.2026 THE ASSISTANT DIRECTOR OF LAND RECORDS, HASSAN TALUK, HASSAN DISTRICT – 573 201. AMENDED V.C.O DATED 09.03.2026 …RESPONDENTS (BY SRI.PRASAD K R RAO., ADVOCATE FOR SRI.PADMANABHA HOLLA S.,ADVOCATE FOR C/R2; V.C.O DATED 7/8/2025, NOTICE TO R1 IS DISPENSED WITH; SRI. MAHANTESH SHETTAR., AGA FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R-2 CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNX-E DTD 24.03.2025OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING R-2 TO IMMEDIATELY REDELIVER THE POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER WHICH IS UNLAWFULLY WITHHELD VIDE ANNX-D1 AND D2 AND DIRECTING THE R-2 TO MAKE THE NECESSARY ARRANGEMETNS TO RETURN THE SCHEDULE PROPERTY TO THE PETITIONER WITHOUT ANY FURTHER DELAY AND DIRECTION TO R-2 TO PAY COMPENSATION TO THE PETITIONER FOR THE LOSS AND DAMAGES CAUSED DUE TO THE UNALWFUL SEIZURE AND POSSESSION OF THE SCHEDULE PROPERTY INCLUDING SEIZURE AND POSSESSION OF THE SCHEDULE PROPERTY INCLUDING THE FINANCIAL AND EMOTIONAL DISTRESS CAUSED BY THE WRONGFUL RETENTION OF THE PROPERTY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:20706 WP No. 13476 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer. “Wherefore, the petitioner most respectfully prays that this Hon’ble Court be pleased to: a. To issue a writ of mandamus directing the respondent No.2 to consider the representation of the petitioner vide annexure-E dated 24.03.2025 or any other appropriate writ order or direction directing respondent No.2 to immediately redeliver the possession of the schedule property to the petitioner which is unlawfully withheld vide annexure-D1 and D2. b. To issue a writ of mandamus or any other appropriate writ, order, or direction directing respondent No.2 to make the necessary arrangements to return the schedule property to the petitioner without any further delay. c. To issue a writ of mandamus or any other appropriate writ, order, or direction to respondent No.2 to pay compensation to the petitioner for the loss and damages caused due to the unalwful seizure and possession of the schedule property including seizure and possession of the schedule property including the financial and emotional distress caused by the wrongful retention of the property d. To grant any other relief as this Hon’ble Court deems fit in the interest of justice.” 2. The brief facts of the case are that the petitioner is the absolute owner of the immovable property bearing Sy.No.45/7 (old No.45/3), measuring 3 guntas situated at - 4 - HC-KAR NC: 2026:KHC:20706 WP No. 13476 of 2025 Echalahalli Village, Kasaba Hobli, Hassan Taluk, which is purchased by way of a registered sale deed dated 04.12.2006. The petitioner's husband has availed the loan from the bank and he has mortgaged the properties in Sy.No.45/4 measuring 20 guntas, Sy.No.45/3 measuring 15 guntas, Sy.No.36/2 measuring 3 acres 36 guntas, Sy.No.15 measuring 22 guntas, Sy.No.33 measuring 2 acres 32 guntas, and Sy.No.45/6 measures 23 guntas. Due to default in payment of the amounts, respondents have initiated the proceedings under the SARFAESI Act and under Section 14 of the Act, an order was passed and pursuant to the order, respondent Nos.1 and 2 have taken possession of the properties belonging to the petitioner's husband on 17.03.2025. It is the case that under the guise of taking possession of the mortgage properties, respondent No.1 interfering with the properties which are owned by the petitioner. It is stated that property in Sy.No.45/7 is a distinct property and it is not mortgaged and even as per the survey that is conducted the said property has nothing to do with the mortgaged property which is an independent property. It is a case that the respondents are interfering with the petitioner’s property. - 5 - HC-KAR NC: 2026:KHC:20706 WP No. 13476 of 2025 3. Learned counsel appearing for respondent/Bank submits that as far as Sy.No.45/7 is concerned, it is not mortgaged property and the Bank is not interfering with the same. 4. In view of the submissions made by the respondent/Bank, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of directing the respondent/Bank not to interfere with the petitioners possession as far as Sy.No.45/7 is concerned. ii. Pending IAs., if any, in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 0