- 1 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 126 OF 2024 (RO) C/W MISCELLANEOUS SECOND APPEAL NO. 119 OF 2024 (RO) MISCELLANEOUS SECOND APPEAL NO. 120 OF 2024 (RO) MISCELLANEOUS SECOND APPEAL NO. 122 OF 2024 (RO) MISCELLANEOUS SECOND APPEAL NO. 123 OF 2024 (RO) MISCELLANEOUS SECOND APPEAL NO. 124 OF 2024 (RO) MISCELLANEOUS SECOND APPEAL NO. 127 OF 2024 (RO) MISCELLANEOUS SECOND APPEAL NO. 128 OF 2024 (RO) IN MSA No. 126/2024 BETWEEN: M/S. IDBI BANK LTD., RETAIL RECOVERY, IDBI HOUSE 58, MISSION ROAD BENGALURU - 560 027 REPRESENTED BY ITS DEPUTY GENERAL MANAGER …APPELLANT (BY SRI. T.P. MUTHANNA, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS AND: 1. SRI. GIRISH S/O SMT. MADAMMA AND LATE NANJAIAH AGED ABOUT 41 YEARS 2. SMT. RANJITHA W/O SRI.GIRISH AGED ABOUT 31 YEARS RESPONDENT NO.1 AND 2 RESIDING IN A PORTION OF DOOR NO. 4705, 2ND CROSS SHIVAJI ROAD, MYSURU - 570 007. 3. SRI. SATHYANARAYANA SINGH H/O SMT. LALITHA AGED ABOUT 53 YEARS RESIDING AT DOOR NO. 218, DEWANS ROAD, CHAMARAJA MOHALLA MYSURU - 570 004 …RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1 AND R2; SRI. ABHINAV R, ADVOCATE FOR R3) THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.08.2023 PASSED IN RA No.181/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 24.06.2020 PASSED ON I.A.NO.3 IN OS NO.1204/2018 ON THE FILE OF THE VII ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU, ALLOWING THE I.A.NO.3 FILED UNDER SEC.7 RULE 11(d) OF CPC., FOR REJECTION OF PLAINT. - 3 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS IN MSA NO. 119/2024 BETWEEN: M/S. IDBI BANK LTD., RETAIL RECOVERY, IDBI HOUSE 58, MISSION ROAD BENGALURU - 560 027 REPRESENTED BY ITS DEPUTY GENERAL MANAGER (BASANTH CHAKRAVARTHY) ...APPELLANT (BY SRI. T.P. MUTHANNA, ADVOCATE) AND: 1. SMT. SUMATHI W/O SRI.KRISHNA AGED ABOUT 39 YEARS 2. SRI. KRISHNA S/O LATE NANJAIAH AGED ABOUT 42 YEARS RESPONDENT NO.1 AND 2 ARE RESIDING IN A PORTION OF DOOR NO. 4705, 2ND CROSS SHIVAJI ROAD, MYSURU - 570 007. 3. SRI. SATHYANARAYANA SINGH H/O SMT. LALITHA AGED ABOUT 53 YEARS RESIDING AT DOOR NO. 218, DEWANS ROAD CHAMARAJA MOHALLA MYSURU - 570 004 ...RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS (BY SRI. P. NATARAJU, ADVOCATE FOR R1 AND R2; SRI. ABHINAV R, ADVOCATE FOR R3) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND ORDER DATED 22.08.2024. PASSED IN RA NO.187/2021 ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.06.2020 PASSED ON IA NO. 3 IN OS NO. 1202/2018 ON THE FILE VII ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU, ALLOWING IA NO. 3 AND REJECTING THE PLAINT AND THE MATTER IS REMANDED BACK TO TRIAL COURT TO DISPOSE OFF THE SUIT ON MERITS AFTER GIVING OPPORTUNITY TO BOTH THE PARTIES TO PRODUCE THEIR EVIDENCE. IN MSA NO. 120/2024 BETWEEN: M/S IDBI BANK LTD., RETAIL RECOVERY IDBI HOUSE 58, MISSION ROAD, BENGALURU - 560 027 REPRESENTED BY ITS DEPUTY GENERAL MANAGER BASANT CHAKRABORTY. ...APPELLANT (BY SRI. T P MUTHANNA, ADVOCATE) AND: 1. SMT. MADAMMA W/O LATE NANJAIAH, AGED ABOUT 82 YEARS, - 5 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS 2. SMT. CHICKAMMA W/O LATE RAMU, AGED ABOUT 51 YEARS, BOTH ARE RESIDING AT IN A PORTIION OF DOOR NO.4705, 2ND CROSS, SHIVAJI ROAD, MYSORE CITY - 570 001. 3. SRI. SATHYANARAYANA SINGH H/O SMT. LALITHA, AGED ABOUT 54 YEARS, R/AT DOOR NO.218, DEWANS ROAD, CHAMARAJA MOHALLA, MYSORE - 570 001. ...RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1 AND R2; SRI. ABHINAV R, ADVOCATE FOR R3) THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.08.2023 PASSED IN RA No.180/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 24.06.2020 PASSED ON I.A.NO.3 IN OS NO.1201/2018 ON THE FILE OF THE VII ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU, ALLOWING THE I.A.NO.3 FILED UNDER SEC.7 RULE 11(d) OF CPC., FOR REJECTION OF PLAINT. IN MSA NO. 122/2024 BETWEEN: IDBI BANK LIMITED RETAIL RECOVERY, IDBI HOUSE 58, MISSION ROAD BENGALURU - 560 027 - 6 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS REPRESENTED BY ITS DEPUTY GENERAL MANAGER ...APPELLANT (BY SRI. T P MUTHANNA.,ADVOCATE) AND: 1. SMT TARA W/O SRI.RAMESH RAO AGED ABOUT 58 YEARS 2. SRI. RAMESH RAO H/O SMT. TARA AGED ABOUT 71 YEARS 3. SRI. RAJESH S/O SRI. RAMESH RAO AGED ABOUT 37 YEARS RESPONDENT NO.1 TO 3 ARE RESIDING IN A PORTION OF DOOR NO.4705, 2ND CROSS SHIVAJI ROAD, MYSURU - 570 007. 4. SRI. SATHYANARAYANA SINGH H/O SMT. LALITHA AGED ABOUT 53 YEARS RESIDING AT DOOR NO. 218, DEWANS ROAD, CHAMARAJA MOHALLA MYSURU - 570 004. ...RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1 TO R3; SRI. ABHINAV R, ADVOCATE FOR R4) - 7 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.08.2023 PASSED IN RA NO.185/2021 ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER AND DECREE DATED 24.06.2020 PASSED ON IA NO.3 IN OS NO.1207/2018 ON THE FILE OF VII ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU., ALLOWING THE IA NO.3 FILED UNDER SEC.7 RULE 11(d) OF CPC., FOR REJECTION OF PLAINT AND THE MATTER IS REMANDED BACK TO THE TRIAL COURT TO DISPOSE OFF THE SUIT ON MERITS AFTER GIVING OPPORTUNITY TO BOTH THE PARTIES TO PRODUCE THEIR EVIDENCE. IN MSA NO. 123/2024 BETWEEN: IDBI BANK LTD RETAIL RECOVERY IDBI HOUSE 58, MISSION ROAD, BENGALURU - 560 027 REPRESENTED BY ITS DEPUTY GENERAL MANAGER ...APPELLANT (BY SRI. T P MUTHANNA, ADVOCATE) AND: 1. SRI PRAKASH S/O LATE MAHADEVA AGED ABOUT 55 YEARS RESIDING IN A PORTION OF DOOR NO. 4705, 2ND CROSS, SHIVAJI ROAD, MYSURU - 570 007. 2. SRI. SATHYANARAYANA SINGH H/O SMT. LALITHA, AGED ABOUT 52 YEARS - 8 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS RESIDING AT DOOR NO. 218, DEWANS ROAD, CHAMARAJA MOHALLA MYSURU - 570 004 ...RESPONDENTS (BY SRI. ABHINAV R, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.08.2023 PASSED IN RA No.183/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 24.06.2020 PASSED ON I.A.NO.3 IN OS NO.1205/2018 ON THE FILE OF THE VII ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU, ALLOWING THE I.A.NO.3 FILED UNDER SEC.7 RULE 11(d) OF CPC., FOR REJECTION OF PLAINT. IN MSA NO. 124/2024 BETWEEN: IDBI BANK LTD., RETAIL RECOVERY, IDBI HOUSE 58, MISION ROAD, BENGALURU - 560 027 REPRESENTED BY ITS DEPUTY GENERAL MANAGER G. BASANTH CHAKRAVATHY ...APPELLANT (BY SRI. T P MUTHANNA.,ADVOCATE) AND: 1. SRI SHIVANANJA NAYAKA S/O LATE RANGANAYAKA AGED ABOUT 60 YEARS - 9 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS 2. SMT VIJAYA W/O SHIVANANJA NAYAKA AGED ABOUT 56 YEARS 3. SRI GANESH S/O SHIVANANJA NAYAKA AGED ABOUT 33 YEARS RESPONDENT NO.1 TO 3 ARE RESIDING IN A PORTION OF DOOR NO. 4705, 2ND CROSS SHIVAJI ROAD, MYSURU - 570 007. 4. SRI. SATHYANARAYANA SINGH H/O SMT LALITHA AGED ABOUT 53 YEARS RESIDING AT DOOR NO. 218, DEWANS ROAD, CHAMARAJA MOHALLA MYSURU - 570 004. ...RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1 TO R3; SRI. ABHINAV R, ADVOCATE FOR R4) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT DATED 22.08.2023 PASSED IN RA NO.184/2021 ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER AND DECREE DATED 24.06.2020 PASSED ON IA NO.3 IN OS NO.1206/2018 ON THE FILE OF VII ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU., ALLOWING THE IA NO.3 FILED UNDER SEC.7 RULE 11(d) OF CPC., FOR REJECTION OF PLAINT AND THE MATTER IS REMANDED BACK TO THE TRIAL COURT TO DISPOSE OFF THE SUIT ON MERITS - 10 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS AFTER GIVING OPPORTUNITY TO BOTH THE PARTIES TO PRODUCE THEIR EVIDENCE. IN MSA NO. 127/2024 BETWEEN: IDBI BANK LTD., RETAIL RECOVERY, IDBI HOUSE 58, MISSION ROAD BENGALURU - 560 027 REPRESENTED BY ITS DEPUTY GENERAL MANAGER ...APPELLANT (BY SRI. T P MUTHANNA.,ADVOCATE) AND: 1. SMT. PUTTANARASAMMA W/O LATE KEMPAIAH, AGED ABOUT 74 YEARS, DEAD BY LRS (AMENDED AS PER ORDER DATED 17.07.2025, RESPONDENTS 2 AND 3 ARE LRS OF RESPONDENT NO.1) 2. SMT. BHAGYA D/O LATE KEMPAIAH, AGED ABOUT 51 YEARS, 3. SRI. RAGAVENDRA S/O SHIVANNA AGED ABOUT 36 YEARS ALL ARE RESIDING IN A PORTION OF DOOR NO 4705, 2ND CROSS, SHIVAJI ROAD, MYSORE CITY - 576 001. - 11 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS 4. SRI. SATHYANARAYANA SINGH H/O SMT. LALITHA, AGED ABOUT 51 YEARS, RESIDING AT DOOR NO 218, DEWANS ROAD, CHAMARAJA MOHALLA, MYSORE - 576 001 ...RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R2; VIDE ORDER DATED 17.07.2025, R2 AND R3 ARE LRS OF DECEASED R1; R4 IS SERVED AND UNREPRESENTED) THIS MSA IS FILED UNDER SEC.43 RULE 1(u) OF CPC, AGAINST THE ORDER DATED 22.08.2023 PASSED IN RA NO.182/2021 ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.07.2020 PASSED ON IA NO. 3 IN OS NO.1203/2018 ON THE FILE VII ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU, ALLOWING IA AND REJECTING THE PLAINT AND THE MATTER IS REMANDED BACK TO TRIAL COURT TO DISPOSE OFF THE SUIT ON MERITS AFTER GIVING OPPORTUNITY TO BOTH THE PARTIES TO PRODUCE THEIR EVIDENCE. IN MSA NO. 128/2024 BETWEEN: IDBI BANK LTD., RETAIL RECOVERY, IDBI HOUSE, 58, MISSION ROAD, BENGALURU - 560 027 REPRESENTED BY ITS - 12 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS DEPUTY GENERAL MANAGER G. BASANTH CHAKRAVARTHY. ...APPELLANT (BY SRI. T P MUTHANNA., ADVOCATE) AND: 1. SRI. HEMANTH KUMAR @ MANJUNATH S/O SRI.SHIVANNA AGED ABOUT 37 YEARS RESIDING IN A PORTION OF DOOR NO 4705, 2ND CROSS, SHIVAJI ROAD, MYSURU - 570 007. 2. SRI. SATHYANARAYANA SINGH H/O SMT. LALITHA AGED ABOUT 53 YEARS RESIDING AT DOOR NO. 218, DEWANS ROAD CHAMARAJA MOHALLA, MYSURU - 570 004 ...RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1; SRI. ABHINAV R, ADVOCATE FOR R2) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT DATED 22.08.2023 PASSED IN RA NO.186/2021 ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER AND DECREE DATED 24.06.2020 PASSED ON IA NO.3 IN OS NO.1200/2018 ON THE FILE OF VII ADDITIONAL I CIVIL - 13 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS JUDGE AND JMFC, MYSURU., ALLOWING THE IA NO.3 FILED UNDER SEC.7 RULE 11(d) OF CPC., FOR REJECTION OF PLAINT AND THE MATTER IS REMANDED BACK TO THE TRIAL COURT TO DISPOSE OFF THE SUIT ON MERITS AFTER GIVING OPPORTUNITY TO BOTH THE PARTIES TO PRODUCE THEIR EVIDENCE. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri. T.P. Muthanna, learned counsel for the appellants and Sri. P. Nataraju, learned counsel for respondents No.1 and 2 and Sri. Abhinav R., learned counsel for respondent No.3. 2. These appeals arise out of the Order passed by the First Appellate Court in regular appeals whereby the appeal filed by the respondents came to be allowed reversing the dismissal of the suit. For the sake of convenience, the parties' name, suit numbers, Regular - 14 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS Appeal numbers and Miscellaneous Second Appeal numbers are tabulated hereunder: SL.No PARTY NAME O.S. NO. R.A. NO. MSA NO. 01. Sri. Girish & another 1204/2018 181/2021 126/2024 02. Smt. Sumathi & another 1202/2018 187/2021 119/2024 03. Smt.Madamma & another 1201/2018 180/2021 120/2024 04. Smt. Tara & others 1207/2018 185/2021 122/2024 05. Sri. Prakash 1205/2018 183/2021 123/2024 06. Sri. Shivananja Nayaka & others 1206/2018 184/2021 124/2024 07. Smt. Putta Narasamma & others 1203/2018 182/2021 127/2024 08. Hemanth Kumar @ Manjunath 1200/2018 186/2021 128/2024 3. In all these matters, respondents are the tenants under Smt. Bhagirathi Bai. Smt. Bhagirathi Bai executed a Will in favour of Sri. Sathyanarayana Singh. Said Sri. Sathyanarayana Singh had borrowed the money from the appellant/bank and became a defaulter. Property - 15 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS which is the subject matter of these appeals was mortgaged to the Bank by way of deposit of title deeds. 4. When Sri. Sathyanarayana Singh became a defaulter and his account became non performing asset, appellant/bank exercised their power under The Securitisation and Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 (SARFAESI Act, hereinafter referred to as 'the Act' for the short) and took symbolic possession of the suit property. Bank wants to realise the money by sale of the mortgaged property. 5. It is at that juncture, the respondents who are the tenants have filed aforesaid suits. Suits on contest came to be dismissed. 6. However, learned Judge in the First Appellate Court allowed the appeals filed by the tenants and whereby the appellant/bank was restrained from interfering with the possession of the tenants and matters - 16 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS were remitted to the Trial Court for fresh disposal in accordance with law. 7. The said Order of remand is called in question by the appellant/bank. 8. Learned counsel Sri. T.P. Muthanna, learned counsel for the appellants in all these matters reiterating the grounds urged in the appeal memorandum contended that as per Section 34 of the Act, Civil Court has no jurisdiction and therefore very entertaining the suit was incorrect and anyway the Order of the First Appellate Court remitting the matter to the Trial Court for fresh adjudication in the pending suits is thus illegal and sought for allowing the appeals. 9. Per contra, Sri. P. Nataraju supports the Judgment of the First Appellate Court and contend that tenants have got independent right and property that has been mortgaged is not the property occupied by the - 17 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS tenants and under such circumstances, the suit is perfectly maintainable and sought for dismissal of the appeal. 10. Having heard the arguments of parties, this Court perused the material on record meticulously. 11. On such perusal of the material on record, it is crystal clear that property which is the subject matter of the suit is owned by Smt Bhagirathi Bai. Later on she had executed a Will in favour of Sri. Sathyanarayana Singh who in turn mortgaged the suit property in favour of the appellant/bank and obtained the loan. 12. Admittedly, said Sri. Sathyanarayana Singh became defaulter and his account with the appellant/bank has been classified as non performing asset whereby the appellant/bank had the right to proceed against the security that is the subject matter of the suit property under the Act. - 18 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS 13. If the tenants have got any independent right or any other dispute, forum lies elsewhere and not the Civil Court. 14. In this regard, it is just and necessary for this Court to cull out Section 34 of the SARFAESI Act which reads as under: 34. Civil court not to have jurisdiction.—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). 15. On bare perusal of the above provision, it is crystal clear that the suit before the Trial Court was not at all maintainable. - 19 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS 16. Learned Judge in the First Appellate Court failed to note the mandate under Section 34 of the Act and remitting the matter to the Trial Court for fresh adjudication of pending suits has thus resulted in miscarriage of justice needs interference by this Court by exercising the power vested in this Court under order 43 of the Code of Civil Procedure. 17. Accordingly, the following Order : ORDER (i) Appeals are allowed. (ii) Consequently, the Orders of the First Appellate Court are hereby set-aside. (iii) Dismissal of the suit is upheld not only on merits but also on the ground of non maintainability. - 20 - HC-KAR NC: 2025:KHC:38045 MSA No. 126 of 2024 C/W MSA No. 119 of 2024 MSA No. 120 of 2024 AND 5 OTHERS (iv) However, if the tenants have got any independent right, they me exhaust their remedy before the appropriate forum in accordance with law. (v) No order as to costs. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 34 CT: BHK