- 1 - HC-KAR NC: 2025:KHC:54782 WP No. 38914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 38914 OF 2025 (GM-DRT) BETWEEN: MR SYED TABRAIZ S/O SYED BASHIR AGED ABOUT 43 YEARS R/AT NO 3983, YAQOOB NAGARA WARD NO 19, HOSAHALLI BAYALU NEAR ROYAL SCHOOL, RAMANAGARA- 562159 …PETITIONER (BY SRI. TALHA ISMAIL BENGRE., ADVOCATE) AND: M/S EDELWEISS ASSET RECONSTRUCTION COMPANY LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002, HAVING ITS REGISTERED OFFICE AT EDELWEISS HOUSE, 1ST FLOOR, OFF CST ROAD, KALINA, MUMBAI 400098 ACTING ITS CAPACITY AS Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54782 WP No. 38914 of 2025 TRUSTEE OF EARC TRUST SC 422 …RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE ORDER DATED 27/01/2025 PASSED BY THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA, IN CRIMINAL MISC. NO. 133/2023 (ANNEXURE-B), AS THE SAME WAS OBTAINED AGAINST DECEASED PERSONS AND IS A NULLITY IN THE EYES OF LAW, IN THE INTEREST OF JUSTICE AND EQUITY., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed calling in question, inter- alia, the order dated 27.01.2025 passed in Criminal Misc. No.133/2023 (Annexure-B to the writ petition) by the Principal Senior Civil Judge and CJM, Ramanagara, as well as the possession notice dated 13.11.2025 (Annexure-A to the writ petition) issued by the respondent/Bank. The said proceedings have been initiated by the respondent under the provisions of - 3 - HC-KAR NC: 2025:KHC:54782 WP No. 38914 of 2025 the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021. 2. The contention of the petitioner is that he is the son of the original borrower and no notice has been issued to the petitioner. 3. The Learned counsel for the petitioner submits that the petitioner has already been dispossessed from the property in question. 4. In view of the aforementioned, the present writ petition is disposed of, reserving liberty to the petitioner to avail such remedies that are available under law. Sd/- (C.M. POONACHA) JUDGE SMC List No.: 1 Sl No.: 111 1 (hereinafter referred to as "SARFAESI Act")