- 1 - HC-KAR NC: 2026:KHC:9029 WP No. 38809 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 38809 OF 2025 (GM-DRT) BETWEEN: 1. SRI SHIVASHANKAR B.S., S/O LATE. SOMASHEKAR B.G., AGED ABOUT 40 YEARS, RESIDING AT NO. 121/2, GROUND FLOOR, NRUPATHUNGA NAGAR 3RD CROSS, 3RD MAIN, 7TH PHASE, J.P. NAGAR, BENGALURU-560 078 2. SRI. SUHAS. B.S S/O LATE. SOMASHEKAR B.G., AGED ABOUT 37 YEARS, RESIDING AT NO. 121/2, GROUND FLOOR, NRUPATHUNGA NAGAR 3RD CROSS, 3RD MAIN, 7TH PHASE, J.P. NAGAR, BENGALURU – 560 078 3. SMT. BASAMMA, W/O LATE. SOMASHEKAR B.G., AGED ABOUT 60 YEARS, RESIDING AT NO. 121/2, GROUND FLOOR, NRUPATHUNGA NAGAR 3RD CROSS, 3RD MAIN, 7TH PHASE, J.P. NAGAR, BENGALURU – 560 078 …PETITIONERS (BY SRI. H.V.BHANU PRAKASH, ADVOCATE) AND: 1. THE KARUR VYSYA BANK LIMITED DIVISIONAL OFFICE, NO.6, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9029 WP No. 38809 of 2025 2ND FLOOR, SAJJAN RAO CIRCLE, V.V. PURAM, BENGALURU 560 004 REPRESENTED BY ITS DIVISIONAL MANAGER 2. THE KARUR VYSYA BANK LIMITED NO.13/2, ASHRAFF COMMERCIAL COMPLEX, J.C.ROAD, BENGALURU -560 002 REPRESENTED BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER STAYING THE OPERATION, EXECUTION AND IMPLEMENTATION OF THE ENTIRE PROCEEDINGS INITIATED BY THE RESPONDENT BANK ON THE BASIS OF ALLEGED NOTICE DATED 18.12.2025 ISSUED BY THE RESPONDENT BANK PURSUANT TO THE ORDER PASSED ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU UNDER SECTION 14 OF THE SARFAESI ACT DATED 05.03.2021, AND RESTRAIN THE RESPONDENTS, THEIR OFFICIALS, COURT COMMISSIONER, AGENTS OR ANYBODY CLAIMING THROUGH THEM FROM TAKING PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY OF ANNEXURES-H AND J IN THE INTEREST OF JUSTICE AND EQUITY. THIS 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:9029 WP No. 38809 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “WHEREFORE, the petitioner prays that this Hon’ble Court may kindly be pleased to:- i.Issue a Writ of Mandamus or any other appropriate writ or order staying the operation, execution and implementation of the entire proceedings initiated by the respondent/bank on the basis of alleged notice dated 18.12.2025 issued by the respondent/bank pursuant to the order passed Addl. Chief Metropolitan Magistrate Court at Bengaluru under Section 14 of the SARFAESI Act dated 05.03.2021 and restrain the respondents, their officials, court commissioner, agents or anybody claiming through them from taking physical possession of the schedule property of Annexures H & J in the interest of justice and equity; ii. Pass such other or further orders as this Hon’ble Court may deems fit in the facts and circumstances of the case, in the interests of justice and equity.” 2. When this matter came up on 31.01.2026, there was no representation on behalf of the petitioners. Hence, the matter was directed to be listed today under the caption for “dismissal”. Today also there is no representation on behalf of the petitioners. - 4 - HC-KAR NC: 2026:KHC:9029 WP No. 38809 of 2025 3. Learned counsel appearing for the respondent/bank submits that the petitioners have questioned the proceedings that are initiated under the SARFAESI Act. 4. Learned counsel appearing for the petitioners submits that after filing this writ petition they have questioned the very same order before the Debt Recovery Tribunal and an interim order was granted on 11.01.2026. 5. Having heard the learned counsels on either side, perused the material on record. In view of the interim order dated 11.01.2026 passed by the Debt Recovery Tribunal, nothing remains for adjudication in this writ petition. Hence, this Court is passing the following: ORDER i. Accordingly, this writ petition is dismissed as infructuous. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 1 Sl No.: 8