Dismissed

Mrs. Mariyamma Abdul Khadar v. the Authorized Officer

Karnataka HC24 Feb 2026WP/27905/2024

Case brief

AI extract

What is this about?

A writ petition filed to quash SARFAESI demand notice, court order permitting bank possession, and eviction notice was dismissed as infructuous after respondent bank submitted that the loan account is fully cleared and closed.

What did the court decide?

Writ petition dismissed as infructuous;no relief granted,becauseinfructuousthecauseactionceasedonsettlementofloan.

Mrs. Mariyamma Abdul Khadar Vs the Authorized Officer — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:11341 WP No. 27905 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27905 OF 2024 (GM-DRT)

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BETWEEN:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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MRS. MARIYAMMA ABDUL KHADAR W/O MR. ABDUL KHADAR AGED ABOUT 38 YEARS DOOR NO. 4-71/1, KODAMAJALU HOUSE. FARANGIPETE PUDU. KODAMAJALU, BANTWAL, DAKSHINA KANNADA- 574143

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MR. ABDUL KHADAR, S/O MR. IBRAHIM AGED ABOUT 45 YEARS DOOR NO 4-71/1, KODAMAJALU HOUSE, FARANGIPETE PUDU KUMPNAMAJALU, BANTWAL, DAKSHINA KANNADA-574143

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…PETITIONERS

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(BY SRI. RANJAN KUMAR K., ADVOCATE)

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AND:

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THE AUTHORIZED OFFICER BANK OF MAHARASTRA

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2 - NC: 2026:KHC:11341 WP No. 27905 of 2024

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HC-KAR

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ADYAR BRANCH, MANGALURU HAVING ITS ZONAL OFFICE AT STELLER, 1ST FLOOR, NO 10 AND 11 VIDYA NAGAR, HUBBALLI- DHARWARD MAIN ROAD HUBBALLI 580021

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…RESPONDENT

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(BY SRI. PRAKASHA HEGDE K., ADVOCATE)

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THIS W.P. IS FILED PRAYING TO QUASH THE NOTICE ISSUED BY THE RESPONDENT BANK UNDER SEC 13(2) OF THE ACT DATED 10.06.2024 BEARING NO. AX83/SARFAESI/DEMAND NOTICE/36/24-25 (ANNX-A).QUASH THE ORDER DATED 12.09.2024 IN CRL.MIS. 236/2024 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC MANGALURU PERMITTING THE RESPONDENT TO TAKE PHYSICAL POSSESSION OF THE SCHEDULE (ANNX-B). QUASH THE EVICTION NOTICE DATED. 04.10.2024 BEARING NO. AX83/PAPER PUBLICATION BILL/2024-25 ISSUED BY RESPONDENT, CALLING UPON THE PETITIONERS TO HAND OVER POSSESSION OF THE SCHEDULE PROPERTY (ANNX-C).

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:11341 WP No. 27905 of 2024

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HC-KAR

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayer:

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“It is most humbly prayed that this Hon'ble Court may be please to:

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a) Issue writ of certiorari quashing the notice issued by the Respondent-bank under Sec 13(2) of the Act dated 10.06.2024 bearing No.AX83/SARFAESI/DEMAND NOTICE/36/24-25 (Annexure A),

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b) Quash the order dated 12.9.2024 in Crl Mis.236/2024 passed by the Court of the Principal Senior Civil Judge and JMFC Mangaluru permitting the Respondent to take physical possession of the Schedule (Annexure B), and

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c) Quash the eviction notice dated 04.10.2024 bearing No AX83/paper publication bill/2024-25 issued by Respondent, calling upon the Petitioners to hand over possession of the schedule property (Annexure -C)

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d) Grant any other reliefs as this Hon'ble Court deems fit to grant in the circumstance of the case.”

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Learned counsel appearing for the respondent

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submits that the entire amount is cleared and the loan account is closed.

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NC: 2026:KHC:11341 WP No. 27905 of 2024

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HC-KAR

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Accordingly, the writ petition is dismissed as

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infructuous .

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i. All I.As. in this petition shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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RJ List No.: 1 Sl No.: 11

Mrs. Mariyamma Abdul Khadar v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

Mrs. Mariyamma Abdul Khadar v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

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