- 1 - NC: 2025:KHC-D:4790 WP No. 100061 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 100061 OF 2025 (GM-RES) BETWEEN: SMT. SAROJA W/O SURYA PRAKASH, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O: HOUSE NO.9, NEAR MALARIA OFFICE, RATNAGARH, CHARUR, RAJASHTAN-331 022. … PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. MANVI PATTINA SOUHARDA SAHAKARI BANK NIYAMITA, HOSAPETE BRANCH, HEAD OFFICE: MANVI TOWN, DISTRICT: RAICHUR, REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. K.A. VIGNESHWARAN S/O KASINATHAN, R/O: RAICHUR-584 101. 2. M/S UDAYA MOTORS, NEAR VNC COLLEGE, 100 BED HOSPITAL ROAD, AMARAVATHI, HOSAPETE POST, TALUKA: HOSAPETE, DISTRICT: VIJAYANAGARA. 3. K. VENKATESHWARA S/O J. MALLIKARJUNA, AGE: 60 YEARS, OCC: R/O: HOUSE NO.733, WARD NO.15, NEAR CHANDRAMOULSEHWAR TEMPLE, AMARAVATHI, TALUKA: HOSAPETE, DISTRICT: VIJAYANAGARA-583 201. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4790 WP No. 100061 of 2025 4. SMT. MADHVI W/O K. VENKATESHWARA RAO, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O: HOUSE NO.733, WARD NO.15, NEAR CHANDRAMOULSEHWAR TEMPLE, AMARAVATHI, TALUKA: HOSAPETE, DISTRICT: VIJAYANAGARA-583 201. 5. ESHWARAPPA SCHTTAR S/O SUGUPPA, AGE: MAJOR, OCC: R/O: HOUSE NO.25, JALI LANE, TALUKA: HOSAPETE, DISTRICT: VIJAYANAGARA-583 201. 6. SMT. TULASAMMA W/O LATE LADURAM JOSHI, AGE: 79 YEARS, OCC: HOUSEHOLD WORK, R/O: HOUSE NO.733, WARD NO.15, NEAR 100 BED HOSPITAL ROAD, AMARAVATHI, HOSAPETE POST, TALUKA: HOSAPETE, DISTRICT: VIJAYANAGAR-583 201. 7. SMT. AMBIKA W/O LATE RAMESH JOSHI, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O LAKSHMAN SINGH HANUMANTH SINGH, GANGAVATHI, NEAR MARUTHI TEMPLE, TURNAL PET, SUBHASH ROAD, BETAGERI, TALUKA/DISTRICT: GADAG, TALUKA: HOSAPETE, DISTRICT: VIJAYANAGAR-583 201. 8. POORNIMA D/O LATE RAMESH JOSHI, AGE: 06 YEARS, OCC: STUDENT, 9. POOJA D/O LATE RAMESH JOSHI, AGE: 04 YEARS, OCC: STUDENT, (SINCE MINORS, RESPONDENT NO.8 AND 9 ARE REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER I.E., RESPONDENT NO.7), KUNJ BIHARI JOSHI S/O RAMARAJ JOSHI, SINCE DEAD, HIS LR’S ARE ON RECORD AS UNDER: - 3 - NC: 2025:KHC-D:4790 WP No. 100061 of 2025 10. GEETHA W/O KUNJ BIHARI JOSHI, AGE: 75 YEARS, OCC: HOUSEHOLD WORK, 11. DULHARI W/O SANJAY SHARMA, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, 12. SARITHA DEVI D/O KUNJ BIHARI JOSHI, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, 13. NIRMALA W/O OMPRAKASH, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, RESPONDENT NO.10 TO 13 ARE ALL THE RESIDENTS OF 15TH WARD, RAGHAVENDRA COLONY, NEAR SURABHI KALYANA MANTAPA, AMARAVATHI, TALUKA: HOSAPETE, DISTRICT: BALLARI-583 201. … RESPONDENT (BY SRI. V. SHIVARAJ HIREMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Srinivas.B.Naik., counsel for the petitioners and Sri.V.Shivaraj Hiremath., counsel for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to set-aside the order dated 27.11.2024 passed by - 4 - NC: 2025:KHC-D:4790 WP No. 100061 of 2025 the Court of Principal Senior Civil Judge and CJM, Ballari in Criminal Miscellaneous No.169/2024 vide Annexure-A. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. Counsel for the petitioner in presenting his arguments strenuously urged that Section 14 order is passed against the dead the person. The oral submission made by counsel for the petitioner is placed on record. 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 statutory remedy of filing an appeal before the DRT. The contention about the order being passed against the dead person can also be agitated before the DRT. Hence, I decline to exercise power under Writ jurisdiction. - 5 - NC: 2025:KHC-D:4790 WP No. 100061 of 2025 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE CLK LIST NO.: 3 SL NO.: 5