- 1 - NC: 2025:KHC-D:6137 WP No. 101907 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101907 OF 2025 (GM-RES) BETWEEN: 1. SMT. SWATI W/O VINOD KALGUTKAR, AGE ABOUT 57 YEARS, OCC: HOUSEHOLD, R/O: MUNIYARWADA SADASHIVGAD, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-581 352. 2. SRI. VINOD S/O LAXMAN KALGUTKAR, AGE ABOUT 61 YEARS, OCC: AGRICULTURE, R/O: VAISHAWADAS SADASHIVGAD, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-581 352. … PETITIONERS (BY SRI. SHASHANK S. HEGDE, ADVOCATE) AND: THE CANARA BANK, BRANCH OFFICE AT SADASHIVGAD REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. JIMMY THOMAS, CANARA BANK, REGIONAL OFFICE, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-581 301. … RESPONDENT (BY SRI. SURESH S. GUNDI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6137 WP No. 101907 of 2025 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shashank S.Hegde., counsel for the petitioners has appeared in person. Sri.Suresh S.Gundi., counsel for the respondent has appeared through video conferencing. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 18.02.2025 passed by the Principal Senior Civil Judge & CJM Court, Karwar in Crl. Misc. No.33/2014 vide Annexure-B and to quash the eviction notice issued by the Court Commissioner to the petitioner directing to deliver the possession within 5 days from the date of receipt of notice dated 10.03.2025 vide Annexure-C. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The order is passed under Section 14 of the SARFAESI Act. Suffice it to note that as against the order passed under Section 14 of the Act, there is an alternate and - 3 - NC: 2025:KHC-D:6137 WP No. 101907 of 2025 statutory remedy of filing an appeal before the DRT. Hence, I decline to exercise power under Writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Because of the dismissal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 2 SL NO.: 63