IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 23099 OF 2023 (GM-KSFC)

BETWEEN:

SRI.C. VENKATESHALU SON OF LATE VENKATAPPA AGED ABOUT 82 YEARS, RETIRED DEPUTY ENGINEER, RAILWAYS, RESIDING AT NO.5A, 3^RD A CROSS, 4^TH MAIN, HRBR LAYOUT, 3^RD BLOCK, KALYAN NAGAR, BANGALORE - 560 043.

…PETITIONER (BY SRI. SWAMY N.B.N., ADVOCATE)

AND:

1. KARNATAKA STATE FINANCIAL CORPORATION ESTABLISHED UNDER THE STATE FINANCIAL CORPORATION ACT, 1951, HEAD OFFICE: KSFC BHAVAN, Digitally signed NO.1/1 THIMMAIAH ROAD, by BANGALORE - 560 052, SHARADAVANI B BY ITS MANAGING DIRECTOR.

Location: HIGH COURT OF 2. SRI GANESH KODANDARAM KARNATAKA MAJOR BY AGE,NO.

NO.729, 4^TH MAIN ROAD, 1^ST BLOCK, GEETHANJALI LAYOUT, HAL 3^RD STAGE, BANGALORE - 560 075.

…RESPONDENTS (BY SRI. MALIPATIL P.S., ADVOCATE FOR R1;

SRI. PATTABI RAMAN, ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND THE R2 TO FORTHWITH HAND OVER VACANT POSSESSION OF THE HOUSE NO.729, SITUATED AT 4^TH MAIN ROAD, 1^ST BLOCK, GEETHANJALI LAYOUT, HAL 3^RD STAGE, BANGALORE-560075 FREE OF ENCUMBRANCES AND ATTACHMENTS AND ETC.

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner is before this Court seeking following reliefs:-

(a) issue a Writ of Mandamus or any appropriate Writ or Order or direction in the nature of Writ directing the first Respondent and the second Respondent to forth with hand over vacant possession of the house No.729, situated at 4^thMain Road, 1^st Block, Geethanjali Layout, HAL 3^rd Stage, Bangalore-560075 free of encumbrances and attachments;

(b) issue a Writ of Mandamus or any appropriate Writ or Order or direction in the nature of Writ declaring the sale deed dated 30.08.2013 executed by the first Respondent in favour of the second respondent bearing document No.INR-1-04412-2013-14 registered in the office of the Sub-Registrar, Indiranagar, Bangalore, (Annexure 'H') and recorded in C.D. No.INRD75 conveying the house No. 729, situated at 4^th Main Road, 1^st Block, Geethanjali Layout, HAL 3^rd Stage, Bangalore-560 075 in favour of the second Respondent is executed without authority and hence null and void.

c) issue a Writ of Mandamus or any appropriate Writ or Order or direction in the nature of Writ declaring the mortgage deed dated 28.09.2013 executed by the second Respondent bearing document No.INR-1- 05029-2013-14 registered in the office of the Sub- Registrar, Indiranagar, Bangalore mortgaging the house No. 729, situated at 4^th Main Road, 1^st Block, Geethanjali Layout, HAL 3^rd Stage, Bangalore - 560 075, reflecting in Annexure-H, is executed consequentially without authority and hence null and void.

d) issue a Writ of Mandamus or any appropriate Writ or Order or direction in the nature of Writ directing the 10^th Additional Chief Metropolitan Magistrate, Mayo Hall, Bangalore to file a complaint to the jurisdictional police against the first Respondent for filing false documents (Annexure "D") in the proceedings Crl.

Misc. No. 75 of 2011; and e) grant a total damages of Rs. 26,37,30,000/- (Rupees Twenty Six crores Thirty seven lakhs and thirty thousand) in the sense of money, loss of comfort, mental agony, health, family disruption etc due to the illegal acts of the first Respondent i.e a sum of Rs. 21,30,000/- (Rupees Twenty One Lakhs and thirty thousand) towards rent paid and further amount of Rs.15,000/- (Rupees Fifteen thousand) per month from the date of petition till date of filing the petition and further rent amount that may accrue till date of handing over possession of his house No. 729, situated at 4^th Main Road, 1^st Block, Geethanjali Layout, HAL 3^rd Stage, Bangalore - 560 075, further damages for unjust enrichment of Rs.24.16 crores and compensation for legal injury amounting to a sum of Rs.2 crores; along with interest on quarter