- 1 - HC-KAR NC: 2026:KHC:15960 WP No. 7249 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7249 OF 2026 (GM-DRT) BETWEEN: SRI RAVINDRA B.K., S/O BOREGOWDA K.C., AGED ABOUT 52 YEARS, R/AT OLD NO. D-3/2010/1581 NEW NO. D-3/2161/1561, 7TH CROSS, VISHWESHWARAIAH NAGAR, KALLAHALLY LAYOUT, MANDYA -571 401 …PETITIONER (BY SRI. AKARSH S KANADE, ADVOCATE) AND: 1. M/S KOTAK MAHINDRA BANK LIMITED REPRESENTED BY ITS AUTHORISED OFFICER/ MANAGER, OFFICE AT NO. 22, 3RD FLOOR, MAHATMA GANDHI ROAD, CRAIG PARK LAYOUT, ASHOK NAGAR, BENGALURU -560 001 2. M/S KRISHNA PHARA REPRESENTED BY ITS PROPRIETOR, OFFICE AT NO. D3/237/1637 1ST FLOOR, 100FT ROAD, VIDYANAGAR, MANDYA -571 401 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15960 WP No. 7249 of 2026 3. MR G.K. ROOPESH KUMAR S/O MR KRISHNEGOWDA, AGED MAJOR, R/AT OLD NO. D-3/2010/1581 NEW NO. D-3/2161/1561, 7TH CROSS, VISHWESHWARAIAH NAGAR, KALLAHALLY LAYOUT, MANDYA -571 401 4. MRS G.K.RANI W/O MR.ANAND, AGED ABOUT 30 YEARS, R/AT GOWRI NILAYA, 8TH CROSS, CHAMUNDESHWARI NAGAR, MANDYA -571 401 5. MR.ANAND S/O LATE K.KEMPEGOWDA, AGED 52 YEARS, R/AT GOWRI NILAYA, 8TH CROSS, CHAMUNDESHWARI NAGAR, MANDYA -571 401 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION DECLARING THAT THE EVICTION ORDER DATED: 19.04.2024 IN CRIMINAL MISCELLANEOUS NO. 109/2024 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANDYA, AS PER ANNEXURE-K IS NOT BINDING ON THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:15960 WP No. 7249 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore, the Petitioner respectfully prays that this Hon'ble Court be pleased to: A. Issue a writ of Certiorari or any other appropriate writ, order or direction declaring that the eviction order dated 19-04-2024 in Criminal Miscellaneous No.109/2024 passed by the learned Principal Senior Civil Judge and CJM, Mandya, as per Annexure-K is not binding on the Petitioner. B. Issue a writ of Certiorari or any other appropriate writ, order or direction to quash the eviction notice dated 27-05-2025 issued by Respondent No. 1 vide Annexure-L C. Direct the Respondents to refrain from taking any further action that would affect the Petitioner's possession and enjoyment of the scheduled property. D. Pass such other order or further orders, including interim orders, as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity." 2. In the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated - 4 - HC-KAR NC: 2026:KHC:15960 WP No. 7249 of 2026 27.03.2018, the present writ petition is not maintainable against M/s Kotak Mahindra Bank Ltd/respondent No.1. 3. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 37