- 1 - HC-KAR NC: 2025:KHC:25823 WP No. 18850 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18850 OF 2025 (GM-RES) BETWEEN: 1. SRI N DEVARAJU S/O V NAGARAJAIAH AGED ABOUT 54 YEARS 2. SRI N .CHANDRASHEKAR S/O V NAGARAJAIAH AGED ABOUT 48 YEARS 3. SRI N SRINIVAS S/O V NAGARAJAIAH AGED ABOUT48 YEARS 4. SRI. N SHANKAR S/O V NAGARAJAIAH AGED ABOUT 42 YEARS ALL ARE R/AT DODDA HAGADE BYAGADADENAHALLI POST BENGALURU - 562 106 … PETITIONERS (BY SRI. MITHUN G S., ADVOCATE) AND: 1. CANARA BANK MARSUR BRANCH Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25823 WP No. 18850 of 2025 CHANDRAPURA ANEKAL ROAD OPP. SPURTHY COLLEGE MARSUR VILLAGE BENGALURU - 562 106 REP. BY ITS AUTHORIZED OFFICER … RESPONDENT (BY SRI. T P MUTHANNA., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 15.04.2025 IN CRL MISC NO.499/2025 PASSED BY THE LD. CHIEF JUDICIAL MAGISTRATE BANGALORE RURAL DISTRICT BANGALORE WHEREBY THE LD. TRIAL JUDGE HAS ALLOWED THE PETITIONER FILED BY THE RESPONDENT BANK UNDER SECTION 14 OF THE SARFESI ACT TO TAKE PHYSICAL AND VACANT POSSESSION OF THE SCHEDULE PROPERTY ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have filed the present petition calling in question the validity of the order passed in Crl.Misc.499/2025 dated 15.04.2025. 2. In terms of Annexure-A, the trial court has passed an order under Section 14 of the SARFAESI Act, directing that the bank is entitled to take possession of the property towards satisfaction of the loan dues. - 3 - HC-KAR NC: 2025:KHC:25823 WP No. 18850 of 2025 3. Various contentions have been raised in the present petition including that there is no default as regards the housing loan. 4. Learned Counsel Sri.T.P.Muthanna appearing for the respondent-Bank would submit that no doubt, the dues of housing loan have been cleared, however, action has been initiated in respect of other loan as mentioned in the Demand Notice dated 19.07.2024. 5. It is further submitted that, as possession notice under Section 13 (4) itself is challenged by way of Securitisation Appeal No.576/2024, the validity of the order passed under Section 14 in Crl.Misc.499/2025 could also be challenged before the Debt Recovery Tribunal taking note that all contentions raised in Securitisation Appeal would be the same contentions as raised herein. Petitioner is to avail of the substantive relief under Section 17 as against the impugned order of the Magistrate in the pending Securitisation Appeal or by filing separate Securitisation Appeal. 6. Accordingly, taking note of availability of substantive remedy for the petitioner and noticing that the petitioner has - 4 - HC-KAR NC: 2025:KHC:25823 WP No. 18850 of 2025 already approached the DRT challenging the possession notice, petition is disposed off without entering into the correctness of the order passed in Crl.Misc.499/2025. 7. All contentions of the petitioner as raised herein are kept open. Petitioner is at liberty to seek appropriate relief in the pending Securitisation Appeal or in separate Securitisation Appeal to be filed. Respondent-Bank not to take any precipitative steps pursuant to the order passed in Crl.Misc.499/2025 for a period of three weeks from today. 8. The interim protection granted under this order is only to enable the petitioner to avail of their substantive remedy and must not be considered to be an order passed on the basis of adjudication on merits. Upon the lapse of the time stipulated, the protection granted would cease to operate and the authorities before whom petitioners may approach are to look at the matter afresh uninfluenced by the observations made herein. 9. Needless to state that while considering the aspect of limitation, in the event the proceedings are instituted before - 5 - HC-KAR NC: 2025:KHC:25823 WP No. 18850 of 2025 the DRT, time spent before this Court may be taken note of appropriately. Sd/- (S SUNIL DUTT YADAV) JUDGE NP