- 1 - HC-KAR NC: 2025:KHC-D:7949 RSA No. 100428 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL RSA NO. 100428 OF 2025 (PAR/POS) BETWEEN: 1. SANTOSH S/O. PARAPPA HATTIKAL, AGE: 40 YEARS, OCC: PRIVATE JOB, R/O: SUBHASH ROAD, TURNEL PETH, BETAGERI, TQ: DIST: GADAG – 582 102. 2. JYOTI D/O. PRAPPA HATTIKAL, AFTER MARRIAGE SMT JYOTI W/O. SURESH HUBBALLI, AGE:42 YEARS, OCC: HOUSEHOLD WORK, R/O: HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR – 589 212. …APPELLANTS (BY SRI. HAREESHA S. NAYAK, ADVOCATE) AND: 1. CANARA BANK BRANCH 2 GADAG R/BY ITS BRANCH MANAGER, SRI. SUNIL S/O. GANAPAT METRE, AGE: 36 YEARS, OCC: MANAGER CANARA BANK BRANCH – 2, R/O: OPP. MAHALAXMI THEATRE, GADAG, DIST: GADAG – 581 333. 2. PARAPPA S/O. GURUSIDDAPPA HATTIKAL, AGE: 72 YEARS, OCC: BUSINESS, R/O: SUBHASH ROAD, TURNEL PETH, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7949 RSA No. 100428 of 2025 BETAGERI, TQ: DIST: GADAG – 582 102. 3. SMT. DRAKSHAYANI W/O. PARAPPA HATTIKAL, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O: SUBHASH ROAD, TURNEL PETH, BETAGERI, TQ AND DIST: GADAG – 582 102. 4. PRASHANT S/O. PARAPPA HATTIKAL, AGE: 47 YEARS, OCC: PRIVATE JOB, R/O: SUBHASH ROAD, TURNEL PETH, BETAGERI, TQ: AND DIST: GADAG – 582 102. 5. KAVITA D/O. PARAPPA HATTIKAL, AFTER MARRIAGE SMT. KAVITA W/O. VINAYAK BADAGAVI, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: HOUSE NO.50, BAZAR GALLI, KOUSABHAG, BELAGAVI, DIST: BELAGAVI – 590 003. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, PRAYING TO CALL FOR THE TRIAL COURT RECORDS; ALLOW THE APPEAL AND SET ASIDE JUDGMENT AND DECREE DATED 25.03.2025 PASSED BY THE I ADDITIONAL PRINCIPAL FAMILY COURT, GADAG, IN R.A.NO. 31/2024 IN REVERSING THE JUDGMENT AND DECREE DATED 12.04.2023 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM., GADAG, IN O.S.NO. 71/2023 AND CONFIRM THE JUDGMENT AND DECREE PASSED BY THE TRIAL COURT AND ETC., THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7949 RSA No. 100428 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. After arguing the matter for some time, learned counsel appearing for the appellants submits that liberty may be reserved for the appellants to approach the Debt Recovery Tribunal for redressal of their grievances under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2. The submission made by the learned counsel for the appellants is taken on record. 3. Accordingly, the Regular Second Appeal is dismissed. However, liberty as sought is granted. The appellants are at liberty to avail such remedy as may be available and permissible under law. Sd/- (M.G.S. KAMAL) JUDGE VNP / CT: ASC