(BY SRI. KASHINATH J.D., ADVOCATE) v. SRI. K.V. LOKESH, ADVOCATE)

#2. SMT. MADHU MANJULA G W/O NAGENDRA KUMAR. S AGED ABOUT 40 YEARS. BOTH WERE RESIDENTS OF NO.46/1 AND 46/2 2ND FLOOR, 5TH CROSS, 5TH MAIN, MALLESHWARAM BENGALURU - 560 003 BOTH ARE PRESENTLY RESIDING AT NO. 219, 1ST FLOOR, 10TH CROSS, 4TH BLOCK, J.C NAGAR, III STAGE, WEST OF CHORD ROAD, BASAVESHWARANAGARA, BENGALURU-560079 (BY SRI. KASHINATH J.D., ADVOCATE) …PETITIONERS MOHAN Location: HIGH COURT OF KARNATAKA AND:

#1. THE PRESIDENT, MALLESHWARAM CO-OPERATIVE BANK LTD NO. 102, 7TH CROSS, MALLESHWARAM, BENGALURU - 560 003

#2. THE MANAGER, MALLESHWARAM CO-OPERATIVE BANK LTD NO. 102, 7TH CROSS, MALLESHWARAM, - 2 - NC: 2025:KHC:52863 WP No. 33163 of 2025 HC-KAR BENGALURU - 560 003 (BY SRI. H.N. VASUDEVAN, ADVOCATE FOR SRI. K.V. LOKESH, ADVOCATE) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING THE RESPONDENT BANK TO REGULARISE THE CURRENT STATUS OF THE EMI TO PAY MONTHLY BASIS OF THE SCHEDULED PROPERTY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI The writ petition is filed seeking with the following prayers: ORAL ORDER “i. Issue writ or direction or any other order in the nature of mandamus to respondents to consider the request of the petitioner no.1 dated: 19.11.2025 as per Annexure-Q & R, accordingly direct them to provide the opportunity to petitioner to clear the pending EMIS in respect of loan account nos. 001800100003041&001800100003458 where schedule item no.1 property is mortgaged and consequently direct the respondent return possession of the schedule item no.1 property to meet the interest of justice. ii. Pass any appropriate order deems fit to the facts and circumstances of the case.” - 3 - NC: 2025:KHC:52863 WP No. 33163 of 2025 HC-KAR

#2. When the matter was taken up today, learned counsel appears for the petitioners filed an affidavit of undertaking before this Court. Paragraphs 6, 7 and 8 of the said affidavit read as under: “6. We hereby undertake before this Hon'ble court that, the pending EMIs along with security charges if any to the tune of Rs. Rs.67,50,000/-(Rupees Sixty Seven lakhs fifty thousand only) on or before 12-12-2025 or within 3 days from the date of acceptance of this affidavit and permission granted by the bank by considering our request. Upon payment of entire payment of pending EMIs along with security charge if any, respondent bank has to return physical possession of the item no-1 property forthwith.

#7. I state that, we will strictly adhere to the repayment schedule and repay all future EMI's regularly on due dates without any default as per the agreed EMIs agreed at the time of sanction of loan.

#8. I state that, I further undertakes that, in the event of any default on my part in making payment of overdues in future EMI's, the respondent bank shall be at - 4 - NC: 2025:KHC:52863 WP No. 33163 of 2025 HC-KAR liberty to take all actions as per the law.”

#3. Learned counsel appearing for the petitioners submits that by Monday, i.e., by 15.12.2025, the petitioners will pay a total amount of Rs.67,50,000/- and on such payment, the respondent/Bank may be directed to re-deliver possession of the property to the petitioners.

#4. Learned counsel appearing for the respondent/Bank submits that immediately upon receipt of the entire amount, steps will be taken to re-deliver the possession of the property. It is submitted that an amount of Rs.60,00,000/- is already available in the loan account and the remaining amount of Rs.7,50,000/- will be paid today, i.e., on 12.12.2025.

#5. Considering the undertaking affidavit that is placed before this Court, this Court is passing the following: ORDER i. The petitioners shall pay a total amount of Rs.67,50,000/-, as per the affidavit dated

10.12.2025 by 12.12.2025. - 5 - NC: 2025:KHC:52863 WP No. 33163 of 2025 HC-KAR ii. Upon payment of the amount by the petitioners by 15.12.2025, respondents/Bank shall re-deliver possession of the property. iii. Without waiting for the copy of this order, the respondents Bank shall accept the amount and if the amount is paid by 15.12.2025, Bank shall re-deliver the possession of the property to the petitioners. iv. By any chance, if the petitioners fail to pay the amount undertaking, respondents/Bank is at liberty to proceed in accordance with the law. v. Learned counsel appearing for the respondents Bank shall intimate this order to the Bank forthwith. vi. Accordingly, the writ petition is disposed of. vii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 61