Karnataka High Court
WP/26572/2026 of MR.DAYANANDA Vs M/S MAHALAKSHMI CO OPERATIVE BANK LTD on 9 September 2026
CNR: KAHC010584002026 NC: 2026:KHC:48891 WP No. 26572 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 26572 OF 2026 (GM-CPC) BETWEEN: 1. MR. DAYANANDA AGED ABOUT 56 YEARS, S/O MR.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 26572 OF 2026 (GM-CPC)
BETWEEN:
1.
MR. DAYANANDA
AGED ABOUT 56 YEARS,
S/O MR. NARAYANA
H. NO.1-43/1, SATHISH NILAYA
TRASI BEACH, TRASI,
KUNDAPURA TALUK, UDUPI 576235.
2.
MRS. BHAVANI.
AGED ABOUT 50 YEARS,
W/O MR. DAYANAND
TRASI BEACH, TRASI,
H. NO.1-43/1, SATHISH NILAYA,
KUNDAPURA TALUK,
UDUPI 576235.
3.
MR. PRASHANTH SHETYY,
AGED ABOUT 28 YEARS,
S/O MR. RAJEEVA,
H. NO. 3-284,
BAHDDOOR SHA ROAD,
KUNDAPURA KASABA VILLAGE,
KUNDAPURA TALUK,
UDUPI-576201.
…PETITIONERS
(BY SRI. DR.S.ARUMUGHAM., ADVOCATE(ABSENT))
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
HC-KAR
AND:
1.
M/S MAHALAKSHMI CO OPERATIVE BANK LTD.,
ADMINISTRATIVE OFFICE
AT KALMANJE TOWERS,
LAL BAHADUR SHASTRI MARG,
AJJARKAD, UDUPI 576101
RPSTD. BY ITS GENERAL POWER OF
ATTORNEY JOLTED AND ASSISTANT
GENERAL MANAGER,
MRS. SHARIKA KIRAN,
AGED ABOUT 52 YEARS,
W/O, MR. KIRAN,
HEJAMADY KODI,
KAUP TALUK, UDUPI DISTRICT 574103
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EX.
CASE NO.388/2025 AT ANNEXURE-C ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE. KUNDAPURA IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
HC-KAR
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ORAL ORDER
This writ petition is filed seeking to quash Execution Case No.388/2026 pending on the file of the Principal Judge, Kundapura.
2. In the said execution proceedings, notice has been issued to the petitioners herein. The present petition is filed challenging the maintainability of the execution proceedings. The petitioners, in response to the notice issued in the execution proceedings, are entitled to raise all contentions available to them, including the contention regarding the maintainability of the execution proceedings.
3. In view of the above, the present petition is premature. Accordingly, the petition is dismissed.
Sd/- (K. V. ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 10