- 1 - HC-KAR NC: 2025:KHC:29313 RFA No. 478 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 478 OF 2023 (INJ) BETWEEN: 1. SHRI LAKSHMINARAYANA RAJU S/O LATE VENKATARAMANA RAJU, AGED ABOUT 71 YEARS 2. SMT. PADMAVATHI L N RAJU W/O SHRI LAKSHMINARAYANA RAJU, AGED ABOUT 66 YEARS 3. SHRI RAGHUNANDAN RAJU L S/O SHRI LAKSHMINARAYANA RAJU, AGED ABOUT 40 YEARS 4. KUM KAUSTUBHA RATNA L D/O LAKSHMINARAYANA RAJU, AGED ABOUT 37 YEARS, ALL ARE RESIDING AT NO.747-49-01/1, 2ND FLOOR AND 3RD FLOOR, 12TH MAIN ROAD, 42ND CROSS, 3RD BLOCK, RAJAJINAGAR, BANGALORE-560010. …APPELLANTS (BY SRI. IYENGAR SESHADRI VARADARAJAN, ADVOCATE) AND: THE SENIOR MANAGER M/S BANK OF BARODA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29313 RFA No. 478 of 2023 PREVIOUSLY M/S VIJAYA BANK, VIDYARANYAPURA BRANCH, NO.735/51/2, NANJAPPA ROAD, VIDYARANYAPURA, ANGALORE-560097. …RESPONDENT (BY SRI. CHITHRA NIRMALA P., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE ORDER DATED 10.02.2023 PASSED IN OS No.961/2023 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-43), DISMISSING THE SUIT AS NOT MAINTAINABLE UNDER SECTION 34 OF SARFAESI ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT 1. The present Regular First Appeal is preferred by the plaintiffs assailing the order dated 10.02.2023 in O.S.No.961/2023 on the file of City Civil Judge, (CCH-43), Bengaluru (‘trial Court’ for short), whereby the trial Court dismissed the suit on the ground that it lacks jurisdiction to entertain the same, and further held that the suit is not maintainable under Section 34 of the Securitization and Reconstruction of - 3 - HC-KAR NC: 2025:KHC:29313 RFA No. 478 of 2023 Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI ACT’ for short). 2. The plaintiffs instituted a suit against the respondent –Bank seeking relief for a permanent injunction restraining the defendant, their agents or anyone from interfering in any manner with the peaceful possession and enjoyment of the suit schedule property or from dispossessing them illegally there from. 3. Section 34 of the SARFAESI ACT, envisages that- “No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993)”. 4. The cursory reading of Section 34 of the SARFAESI Act clearly envisages a clear bar on the jurisdiction of - 4 - HC-KAR NC: 2025:KHC:29313 RFA No. 478 of 2023 the civil courts in matters where powers are conferred upon the Debts Recovery Tribunal or Appellate Tribunal under the Act. It further implies that parties aggrieved by an action taken under the Act are required to seek redressal exclusively through the statutory mechanism provided therein, thereby excluding the jurisdiction of civil courts to entertain suits or grant injunctions in such matters. 5. The order passed by the trial Court is legally sustainable, as the trial Court has rightly held that the Civil Court has no jurisdiction to entertain the suit in the present form, in view of the bar under Section 34 of SARFAESI Act. Therefore, this Court finds no error or illegality in the impugned order warranting interference accordingly, this Court pass the following order: ORDER i. The Regular First Appeal is hereby dismissed. - 5 - HC-KAR NC: 2025:KHC:29313 RFA No. 478 of 2023 ii. The order dated 10.02.2023 passed in O.S.No.961/2023 on the file of City Civil Judge, (CCH-43), Bengaluru, stands confirmed. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SKS List No.: 1 Sl No.: 7