- 1 - NC: 2025:KHC-D:7142 WP No. 103046 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO. 103046 OF 2025 (GM-RES) BETWEEN: PARAVEENBANU W/O. FAROOQUE MOMIN, AGE: MAJOR OCC: BUSINESS, R/O. LADHA COMPLEX, NEAR FLY OVER BRIDGE, IRA BHYANDER, MAIN ROAD, THANE, MAHARASTRA-401107. …PETITIONER (BY SRI. RAM PARASHURAM GHORPADE, ADVOCATE) AND: 1. KARNATAKA VIKAS GRAMEEN BANK, HEAD OFFICE AT BELGAUM ROAD, DHARWAD-08, BRANCH OFFICE AT FORT ROAD, BELAGAVI-590001. REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. NITYANAND DHARMANNA KULLOLLI, AGE: 48 YEARS, OCC: SERVICE. 2. SANIYAL S/O. SHABBIR SHAIKH, AGE: MAJOR, OCC: BUSINESS, C/O. SHABBIR BALAM SHAIKH, PL. NO.23/24, ASHOK NAGAR, BELAGAVI-590016. 3. MOHAMMADSHABBIR SHAIKH, AGE: MAJOR, OCC: BUSINESS, C/O. BALAM SHAIKH, PL NO.23/24, ASHOK NAGAR, BELAGAVI-590016. 4. BASAVARAJ CHANNABASAPPA ARALIKATTI, AGE: MAJOR, OCC: BUSINESS, H.NO.263, GRAMDEVI ONI, HIREBAGEWADI, BELAGAVI-591109. …RESPONDENTS (BY SRI. M. RAJU, ADVOCATE FOR C/R1) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:7142 WP No. 103046 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE 1 ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M. BELAGAVI AGAINST THE PETITIONER ONLY ON 28.04.2025 IN CRI MIS NO.217/2024 TO TAKE AN POSSESSION OF THE PETITIONER SUIT PROPERTY (ANNEXURE-E) AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The petitioner, who is a borrower from the first respondent- Karnataka Vikas Grameen Bank is before this Court under Article 226 of the Constitution of India questioning the order dated 28.04.2025 passed in Crl.Misc.No.217/2024 by the I Additional Senior Civil Judge and CJM, Belagavi under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘SARFAESI Act’). 2. Heard learned counsel Sri.Ram Parashuram Ghorpade for petitioner and perused the entire Writ Petition papers. 3. It is an admitted fact that O.A.No.1611/2023 initiated by the respondent No.1- Karnataka Vikas Grameen Bank against the petitioner is pending before the Debts Recovery Tribunal, Bengaluru. It is always open for the petitioner herein to urge all the contentions - 3 - NC: 2025:KHC-D:7142 WP No. 103046 of 2025 urged herein before the Tribunal. Moreover, the petitioner is provided with alternate remedy under SARFAESI Act against the order impugned herein. Hence, I decline to entertain the writ petition. Accordingly, writ petition stands dismissed. Sd/- (S G PANDIT) JUDGE RKM CT-MCK List No.: 1 Sl No.: 3