Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5791 WP No. 15654 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 15654 OF 2017 (GM-RES) BETWEEN:
SMT.GIRIJAMMA W/O LATE R.C.GOWDA, AGED ABOUT 62 YEARS, RESIDING AT 1ST FLOOR, NO.308, 14TH CROSS, 5TH MAIN ROAD, HIG HOUSE, RMV 2ND STAGE, BENGALURU-560 094. …PETITIONER (BY SRI. ABHILASH.C., ADVOCATE FOR SRI. S.KALYAN BASAVARAJ., ADVOCATE)
AND:
1.
M/S.PUNJAB NATIONAL BANK J.P.NAGAR BRANCH, NO.218, 9TH CROSS, J.P.NAGAR, 2ND PHASE, KSRTC LAYOUT, BENGALURU-560 078.
REP.BY ITS CHIEF MANAGER/AUTHORISED OFFICER.
2. SMT.BOBBY.R.C.
W/O SRI PRASHANTH, R/AT NO.308, 14TH CROSS, 7TH MAIN ROAD, R.M.V. 2ND STAGE, BANGALORE-560 094.
3.
MR. SANTHOSH.C.N.
S/O C.N.NEELAKANTAPPA, AGED ABOUT 30 YEARS, HEDDARAVALLI,
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
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NC: 2025:KHC:5791 WP No. 15654 of 2017
ANKIHALLI POST, BELUR TALUK, HASSAN DISTRICT-573 201. …RESPONDENTS (BY SRI. S.R.NARAYANAPPA., ADVOCATE FOR R1;
SMT. DHAKSHYANAMMA., ADVOCATE FOR R2;
R3-SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Abhilash.C., counsel on behalf of Sri.S.Kalyan Basavaraj., for the petitioner and Sri.S.R.Narayanappa., counsel for respondent No.1 have appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Possession Notice dated:28.03.2017 issued by the first respondent vide Annexure-G.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the writ papers with care.
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NC: 2025:KHC:5791 WP No. 15654 of 2017
4. Needless to say that if a person is aggrieved by the possession notice, he/ she must approach the DRT under Section 17 of the SARFAESI Act. Moreover, the petitioner is only a lessee and she has no locus to question the same. The Writ Petition is devoid of merits and is liable to be dismissed. However, the petitioner is at a liberty to approach the appropriate forum, if so advised.
5. Resultantly, the Writ Petition is dismissed. Because of the dismissal of the Writ Petition, pending interlocutory applications stands disposed of and the interim
order granted by this Court stands discharged.
SD/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 23