IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29190 OF 2023 (GM-RES)

BETWEEN:

1. SRI V THULASI RAM S/O SRI VISHWANATH AGED ABOUT 52 YEARS R/AT HOUSE NO.3208

6TH MAIN ROAD, 13TH CROSS, HAL 2ND STAGE, INDIRA NAGAR BENGALURU-560008.

2. SMT BHUVANESHWARI W/O SHRI THULASI RAM AGED ABOUT 44 YEARS RESIDENT OF HOUSE NO.3208 Digitally signed 6TH MAIN ROAD, by SHWETHA

13TH CROSS, RAGHAVENDRA Location: HIGH HAL 2ND STAGE, COURT OF INDIRA NAGAR KARNATAKA BENGALURU-560008 …PETITIONERS (BY SRI. X M JOSEPH.,ADVOCATE)

AND:

1. CANARA BANK MAGADI ROAD II BRANCH, NO.46, MAGADI MAIN ROAD, BESIDE ANJAN CINEMAS, BENGALURU-560023 REPRESENTED BY ITS AUTHORISED OFFICER UNDER SARFAESI ACT, 2002 …RESPONDENT (BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE)

***

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS TO DIRECT THE LEARNED X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU TO TAKE THE ANNEUXRE-B DATED NIL ON RECORDS OF C.MISC.50231/2021 IN C.MISC.NO.50231/2021 PENDING ON THE FILES OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, WHICH (ANNEXURE-B) THE LEARNED JUDGE HAS RECEIVED ON 15-12-2023 BUT REFUSED TO TAKE ON RECORD FOR PASSING APPROPRIATE ORDERS THEREON, SO AS TO COMPLY WITH THE PRINCIPLES OF "ACTUS CURIAE NEMINEM GRAVABIT" WHICH IS BASED ON EQUITY REPEATEDLY EMPHASISED BY THE HON'BLE SUPREME COURT AS INCLUDING ACTS WHICH COURTS WOULD NOT DO WHEN CORRECTLY APPRISED OF FACTS AND THE LAW. B. ISSUE ANY OTHER ORDER AS DEEM FIT AND PROPER AND ALLOW THIS WRIT PETITION WITH COSTS.

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

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioners are before this Court seeking for the following reliefs:

" A. Issue a writ of mandamus to direct the learned X Additional Chief Metropolitan Magistrate, Bengaluru to take the Annexure-B dated nil on records of C.Misc.50231/2021 in C.Misc.No.50231/2021 pending on the files of the X Additional Chief Metropolitan Magistrate, Bengaluru, which (Annexure-B) the learned Judge has received on 15-12-2023 but refused to take on record for passing appropriate orders thereon, so as to comply with the principles of "actus curiae neminem gravabit" which is based on equity repeatedly emphasised by the Hon'ble Supreme Court as including acts which Courts would not do when correctly apprised of facts and the law.

B. Issue any other order as deem fit and proper and allow this writ petition with costs."

2. A memo dated 16.11.2024, signed by the learned counsel for the petitioners has been filed.

3. Accepting the said memo and the submission of the learned counsel for the petitioners, the petition is dismissed as infructuous.

SD/-

(SURAJ GOVINDARAJ)

JUDGE BMV*

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