- 1 - HC-KAR NC: 2025:KHC:29185 WP No. 11861 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 11861 OF 2025 (GM-RES) BETWEEN: 1. SRI. SIDDANAYAK S/O LATE DEVAMAYAK, AGED ABOUT 63 YEARS, R/AT NO.53. 3 CROSS, BHUMIKA SUKAN BADAVANE. HUNASUR TOWN, MYSURU-5780 2. SRI. PRAVEEN. S/O LATE B.V. ESHWAR, AGED ABOUT 41 YEARS, R/AT NO.53. 3 CROSS, BHUMIKA SUKAN BADAVANE HUNASUR TOWN, MYSURU-5700 …PETITIONERS (BY SRI. RUPESH KUMAR S., ADVOCATE) AND: 1. STATE BANK OF INDIA OFFICE AT NO.1, 1 FLOOR AND CROSS, 2 STAGE. ADARSH COLONY. OPPOSITE SAVI BAKERY, VINOBHA NAGAR. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29185 WP No. 11861 of 2025 SHIVAMOGGA-577204 2. SRI. RAVIKUMAR. S/O LATE H.D. MAHADEVA. AGED ABOUT 42 YEARS, R/AT NO.EWS 188, KHB COLONY, 2ND STAGE. KALKUNIKE, HUNASUR TOWN, MYSURU-571105. 3. SMT. MANJUSHREE, W/O RAVIKUMAR H.M. AGED ABOUT 38 YEARS, R/AT NO.EWS 188, KHB COLONY, 2ND STAGE, KALKUNIKE, HUNASUR TOWN, MYSURU-571105 …RESPONDENTS (BY SRI. NANDEESH S. PATIL, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 HEREIN TO NOT TO DISPOSSESS PETITIONER IN RESPONDENT OF THE POSSESSION NOTICE DTD 15.01.2025 ISSUED BY THE R-1 BANK AS PER ANNX-A; DIRECT THE R-1 HEREIN TO NOT TO DISBURSE THE EXCESS AMOUNT IN FAVOUR OF THE R-3 OR ANY PERSONS AFTER AUCTIONING THE MORTAGEGED PROPERTY. - 3 - HC-KAR NC: 2025:KHC:29185 WP No. 11861 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER Mr. S. Rupesh Kumar, the learned counsel for the petitioners, and Mr. Nandeesh S. Patil, the learned counsel, who seeks leave to enter appearance for the first respondent are heard. This Court must observe that the petitioners, who assert that they are in possession of the subject property after having paid certain deposits to the second respondent whose whereabouts are not known, are aggrieved by the proceedings initiated by the first respondent under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act]. It would suffice for this Court to observe that the petitioners must work out their remedies, as - 4 - HC-KAR NC: 2025:KHC:29185 WP No. 11861 of 2025 would be permissible under the afore Act. With liberty in this regard, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE RB