- 1 - NC: 2025:KHC:11475 WP No. 4856 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4856 OF 2025 (GM-RES) BETWEEN: 1. SMT. ASHWINI W/O MURUGESH AGED ABOUT 27 YEARS NO. 46/2, SECOND FLOOR (NEAR DWARAKA BUILDING) BIDARALLI HOBLI BANGALORE EAST TALUK BENGALURU – 49. 2. SRI ATHMANANDA YADAV S/O KHIRU YADAV AGED ABOUT 50 YEARS R/AT NO. 46/4, FIRST FLOOR NEAR DWARAKA BUILDING BIDARALLI HOBLI BANGALORE EAST TALUK BENGALURU – 49. …PETITIONERS (BY SRI PRAKASH M. H., ADVOCATE) AND: 1. HINDUJA HOUSING FINANCE LIMITED NO.21/1, GROUND FLOOR JELITTA TOWER, MISSION ROAD BENGALURU – 27. REPRESENTED BY ITS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11475 WP No. 4856 of 2025 AUTHORIZED OFFICER/MANAGER. 2. SANTHOSH KUMAR AGED ABOUT 33 YEARS R/AT NO. 46/4, CHENNAGINAHALLI AVALAHALLI, VIRGO NAGAR NEAR JAMES ENGLISH SCHOOL BENGALURU – 49. 3. KUSHBU KUMARI W/O SANTHOSH KUMAR R/AT NO. 46/4, CHENNAGINAHALLI AVALAHALLI, VIRGO NAGAR NEAR JAMES ENGLISH SCHOOL BENGALURU – 49. 4. SMT. CHAITHRA W/O LATE JAYANTHKUMAR AGE: MAJOR R/AT OPPOSITE, MULKATTAMMA TEMPLE AVALAHALLI, VIRGO NAGAR POST BENGALURU EAST TALUK – 49. …RESPONDENTS (BY SRI ASHWATH C. M., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 18.01.2025 PASSED BY THE CHIEF JUDICIAL MAGISTRATE BANGALORE RURAL DISTRICT, BANGALORE IN CRL.MISC.NO. 1784/2024 VIDE ANNX-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:11475 WP No. 4856 of 2025 CORAM: HON’BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri Prakash M H, learned counsel appearing for petitioners and Sri Ashwath C M, learned counsel appearing for the 1st respondent. 2. The learned counsel for petitioners submits that the petitioners are tenants in the premises owned by the 2nd 3rd and 4th respondents who are now in default of payment to the 1st respondent-Finance. The 1st respondent-Finance has instituted proceedings invoking the provisions of the SARFAESI Act, 2002 and have taken possession of the premises. 3. Learned counsel Sri Prakash M H appearing for the petitioners submits that all the belongings of these petitioners are inside the houses and the houses are now locked. Therefore, I deem it appropriate to direct the 1st respondent- Finance to open the lock and hand over all the belongings of the petitioners in the premises without brooking any further delay. - 4 - NC: 2025:KHC:11475 WP No. 4856 of 2025 4. Learned counsel for petitioners submits that in the event the sale would take place and the 1st respondent-Finance would receive amount more than what is to be paid by the borrower, their interest could be protected. 5. It is for the petitioners at that relevant point in time to represent to the 1st respondent-Finance with regard to the aforesaid protection of interest and the 1st respondent shall consider the same, in accordance with law and redeem the grievance of the petitioners, if any would survive on the said date. The belongings shall be handed over to the petitioners within one week from the date of receipt of the copy of this order. With the aforesaid observations, petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 61 CT:SS