- 1 - HC-KAR NC: 2025:KHC:35843 WP No. 24097 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24097 OF 2025 (GM-RES) BETWEEN: 1. SRI GOPALAKRISHANA AGED ABOUT 46 YEARS, S/O V NARAYANA GOWDA, 2. SRI SRIRAMACHANDRA GOWDA AGED ABOUT 60 YEARS, S/O V NARAYANA GOWDA, BOTH ARE R/AT BESTANAHALLI, KAMADENAHALLI POST, KOLAR TALUK-563101 KOLAR DISTRICT. …PETITIONERS (BY SRI. BHADRINATH R., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35843 WP No. 24097 of 2025 AND: THE CANARA BANK KOLAR MAIN BRANCH AND ITS REGISTERED OFFICE, WARD NO.24, KEELUKOTE EXTENSION, ANTHARGANGE MAIN ROAD, KOLAR TOWN-563101 REPRESENTED BY ITS AUTHORIZED OFFICER/ CHIEF MANAGER, SRI M AYUB …RESPONDENT (BY SRI. VINAY BHAT, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 23.05.25 IN CRIMINAL MISC. NO. 76/25 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT KOLAR AS FOUND AT ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35843 WP No. 24097 of 2025 ORAL ORDER The petitioners' possession and title of a residential property is under jeopardy with the respondent invoking jurisdiction under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [the SARFAESI Act] to bring such property to sale and also to recover possession thereof from the petitioners. The petitioners have called in question the order dated 23.05.2025 in Crl.Misc.No.76/2025 on the file of the Principal Senior Civil Judge and CJM, Kolar under Section 14 of the SARFAESI Act. The petitioners, for complete adjudication, will have to avail remedy under Section 17 of the SARFAESI Act impugning the proceedings that precede the order dated 23.05.2025. The petitioners must be relegated to such remedy leaving open all questions to be considered in such proceedings. However, the question for consideration is: whether - 4 - HC-KAR NC: 2025:KHC:35843 WP No. 24097 of 2025 there must be some protection to the petitioners in the interregnum. It is stated that the respondent has, even during the pendency of this petition, published notice for sale under Section13(4) of the SARFAESI Act, but to no avail, and this has been the outcome in the case of an earlier publication. The petitioners are yet to be dispossessed and that the first petitioner, who is aged 46 years, has a physical disability. These circumstances are considered to opine that the respondent must defer initiating proceedings to recover possession until 27.10.2025, with all the intervening celebrations, though there cannot be any such restriction on the respondent re-notifying the sale. In the light of the afore, the following: ORDER a. The petition stands disposed of relegating the petitioners to the alternative remedy under Section 17 of - 5 - HC-KAR NC: 2025:KHC:35843 WP No. 24097 of 2025 the SARFAESI Act leaving open all questions to be considered. b. The respondent is called upon not to be precipitous until 27.10.2025 insofar as recovery of possession of the subject property from the petitioners. c. The respondent shall be at liberty to take further proceedings for sale of the subject property, but without prejudice to the petitioners' right to challenge such order in question. Sd/- (B M SHYAM PRASAD) JUDGE RB