- 1 - NC: 2025:KHC:10492 WP No. 22896 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22896 OF 2023 (GM-RES) BETWEEN: 1. MR.ANAND MADHAB, S/O SRI. JAI MADHAB PRASAD, AGED ABOUT 38 YEARS, 2. SMT. CHANDANI KUMARI, W/O ANAND MADHAB, AGED ABOUT 32 YEARS, BOTH RESIDING AT NO.FLAT NO.313, THIRD FLOOR, SRI SAI LAKE VILLE APARTMENTS, MUNICIPAL NO. 291/SY.NO. 6/2. BALEGERE VILLAGE, VARTHUR HOBLI, BANGALORE EAST - 560 087. MOBILE NO.9686620467. …PETITIONERS (BY SRI. VASANTH KUMAR B.G., ADVOCATE) AND: 1. M/S.LIC HOUSING FINANCE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REPRESENTED BY IT'S AUTHORISED OFFICER - SECRETARY, HAVING ITS REGIONAL OFFICE AT NO.137, HMG AMBASSADOR, 9TH FLOOR, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10492 WP No. 22896 of 2023 SOUTH WING, RESIDENCY ROAD, BENGALURU - 560 025. EMAIL. ro.southcentral@lichousing.com 2. M/S. M.K. BUILDERS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT GOVINDARAJU NO.11, K.T. ANKAREDDY LAYOUT, 1ST CROSS, PWD MAIN ROAD, B. NARAYANAPURA, BANGALORE - 560 016. DULY REPRESENTED BY IT'S MANAGING DIRECTOR MR. P. KRIHSNAMURTHY. …RESPONDENTS (BY SRI. K.V.LOKESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PHYSICAL POSSESSION NOTICE BEING THE IMPUGNED NOTICE DATED 07/09/2023 ISSUED BY THE R-1 AT ANNEXURE - A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners, subsequent purchasers, subsequent creation of mortgage by the borrower with the respondents, are at the doors of this Court calling in question a notice of possession by the Bank dated 07.09.2023. Two years have lapsed. - 3 - NC: 2025:KHC:10492 WP No. 22896 of 2023 2. In that light, I deem it appropriate to protect these petitioners, who are still to be in possession of the property of the borrower, which is now the subject matter of mortgage with the Bank to approach the Debts Recovery Tribunal. 3. In the light of them being in possession, I deem it appropriate to protect their possession for a period of six weeks from the date of receipt of a copy of this order to enable them to approach the Debts Recovery Tribunal. 4. In the event they would not avail of the liberty of approaching the Debts Recovery Tribunal in six weeks, the protective order supra would get automatically vacated. With the aforesaid observations and reserving such liberty, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 13