- 1 - NC: 2025:KHC:3360 WP No. 1997 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1997 OF 2025 (GM-RES) BETWEEN: 1. SMT. LAKSHMIDEVAMMA W/O SHIVANNA AGED ABOUT 60 YEARS NO.575, 4TH MAIN ROAD, 2ND CROSS, KAMALANAGAR BANGALORE-560079 2. SHIVANNA S/O CHIKKA SIDDAIAH AGED ABOUT 68 YEARS NO. 575, 4TH MAIN ROAD 2ND CROSS, KAMALANAGAR BANGALORE-560079 3. PARAMESH S/O SHIVANNA AGED ABOUT 36 YEARS NO. 575, 4TH MAIN ROAD 2ND CROSS, KAMALANAGAR BANGALORE-560079 …PETITIONERS (BY SRI. A.V. AMARNATHAN, ADVOCATE) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3360 WP No. 1997 of 2025 AND: THE AUTHORIZED OFFICER CANFIN HOMES PVT LTD NO.19/5 AND 19/6 I FLOOR, KAREEM TOWERS, CUNNINGHAM ROAD, BANGALORE - 560052 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENT (BY SRI. D. NARAYANA SWAMY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO OPEN LOCK OF THE HOUSE PROPERTY OF THE PETITIONERS AND ALLOW THE SENIOR CITIZENS TO STAY IN THE HOUSE TO ALLOW THE PETITIONERS TO APPROACH APPROPRIATE REMEDY BEFORE THE COURT IN W.P.NO. 34292/24 DTD. 18.12.2024 AS PER ANNX-D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the respondent-Bank submits that the petitioners are filing petitions after petitions - 3 - NC: 2025:KHC:3360 WP No. 1997 of 2025 before this Court and causing hindrance to the respondent-Bank to take possession of the secured assets, even in terms of the directions issued by this Court in W.P.No.34292/2024 dated 18.12.2024. 2. This Court has directed in the said writ petition that the possession of the mortgaged property shall be taken by the Court Commissioner appointed for this purpose with the assistance of jurisdictional police forthwith, provided that there is no order of restraint operating against the respondent-Bank. Earlier too, the petitioners had approached this Court in writ petition Nos.16338/2022 and 27124/2024 wherein liberty was reserved to the petitioners to approach the Debts Recovery Tribunal invoking the provisions of Section 17 of the SARFAESI Act. Despite such a liberty being granted to the petitioners, they have not approached the Debts Recovery Tribunal. On the other hand, the petitioner has filed an application in Criminal Miscellaneous petition filed by the respondent in Crl.Misc.No.4373/2018 seeking a - 4 - NC: 2025:KHC:3360 WP No. 1997 of 2025 direction at the hands of learned Magistrate to take cognizance of the offences committed by the Authorized Officer of the Bank. 3. On the other hand, learned counsel for the petitioners submits that the respondent-Bank was required to furnish the correct statement of accounts to show what is the outstanding amount payable by the petitioners, but some information has been given by the respondents which shows exorbitant amount to be payable by the petitioners. 4. Having regard to the submissions made by the learned counsel for the respondent and on going through the petition papers, this Court is of the considered opinion that such writ petitions at the hands of the petitioners cannot be permitted to be filed before this Court again and again and it would be abuse of the process of this Court. Despite liberty being granted to the petitioners to approach the Debts Recovery Tribunal, the petitioners have not approached the Debts Recovery Tribunal. - 5 - NC: 2025:KHC:3360 WP No. 1997 of 2025 Consequently, the writ petition stands dismissed with a warning to the petitioners that they shall not file any such writ petition in the future before this Court. Sd/- (R DEVDAS) JUDGE RKA List No.: 1 Sl No.: 33