- 1 - NC: 2025:KHC:15957 WP No. 7250 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7250 OF 2025 (GM-RES) BETWEEN: SMT. JAYALAKSHMI, W/O. THAMMANNA, AGED ABOUT 73 YEARS, R/AT NO.55, SANTHEMOGENAHALLI, AKKURU POST, VIRUPAKSHIPURA, CHANNAPATNA TALUK, RAMANAGARA - 562 138. …PETITIONER (BY SRI. T. SESHAGIRI RAO, ADVOCATE) AND: CAN FIN HOMES LTD., NON BANKING FINANCE COMPANY, INCORPORATED UNDER COMPANIES ACT, 1956, REGULATED UNDER THE PROVISIONS OF THE NATIONAL HOUSING BANK ACT, 1987, HAVING ITS BRANCH OFFICE AT BIDADI BRANCH, SRI. ANNAPOORNESHWARI COMPLEX, ABOVE CANARA BANK, BGS ROAD, BIDADI, BENGALURU - 56 2109, REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. SHIVA V.R. …RESPONDENT (BY SRI. K.V. LOKESH, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15957 WP No. 7250 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED NIL, BEARING NO. NIL VIDE ANNX-A AND ORDER DATED 20.12.2024 PASSED BY THE JURISDICTIONAL MAGISTRATE-LEARNED PRL. SENIOR CIVIL JUDGE AND CJM, AT RAMANAGAR IN CRIMINAL MISCELLANEOUS NO. 114/2024 UNDER SECTION 14 OF THE SARFAESI ACT VIDE ANNX-A1 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Shri K.V. Lokesh, learned counsel appearing for the respondent submits that the account has been regularized. The petition can be disposed, but would however seek a direction at the hands of this Court that future EMI's should be diligently paid by the borrower. 2. The submission merits acceptance. I deem it appropriate to dispose the petition, in the light of the aforesaid submission with a direction that the petitioner shall be diligent in paying the equal monthly installments in future, failing - 3 - NC: 2025:KHC:15957 WP No. 7250 of 2025 which, it is open to the respondent - Bank to take action, in accordance with law. 3. The learned counsel appearing for the petitioner submits possession is not handed over to the petitioner. 4. Shri K.V. Lokesh, learned counsel appearing for the respondent submits it is already handed over and if it is not handed over, the same shall be handover in the next 24hours. With the aforesaid observation, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 54 CT: BHK