- 1 - HC-KAR NC: 2025:KHC:31885 WP No. 24609 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24609 OF 2025 (GM-RES) BETWEEN: MR. RAJESH S AGED 45 YEARS NO.14, SHIVA KRUPA NILAYA 4TH MAIN NEAR KADIRENAHALLI PARK KADIRENAHALLI NEW COLONY BANASHANKARI 2ND STAGE BANGALORE SOUTH KARNATAKA 560 070. …PETITIONER (BY SRI.T.P. MUTHANNA., ADVOCATE) AND: 1. M/S BAJAJ HOUSING FINANCE LTD., CORPORATE OFFICE AT CEREBRUM IT PARK B2 BUILIDING 5TH FLOOR, KALYANI NAGAR, PUNE, MAHARASHTRA 411 014. 2. M/S. BAJAJ HOUSING FINANCE LTD BRANCH OFFICE 2ND AND 3RD FLOOR Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31885 WP No. 24609 of 2025 NO.46/20-2, 12TH MAIN OPPO NAVARANG THEATRE RAJAJI NAGAR, BANGALORE-560010. 3. MS. RAMYA H J AGED ABOUT 42 YEARS NO.14, SHIVA KRUPA NILAYA 4TH MAIN NEAR, KADIRENAHALLI PARK KADIRENAHALLI NEW COLONY BANASHANKARI 2ND STAGE BANGALORE SOUTH KARNATAKA 560 070. …RESPONDENTS (BY SRI.B.H. SATHISH., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO-A) SET ASIDE THE POSSESSION NOTICE DATED 02.08.2025 ISSUED BY R2 U/S 13(4) OF SARFAESI ACT AND ENFORCEMENT OF SECURITY INTEREST 2002 (ANNEXURE-F). B) DIRECTING R1 ANS 2 NOT TO TAKE FURTHER PROCEEDINGS IN PURSUANCE TO THE POSSESSION NOTICE DATED 02.08.2025 ANENXURE-F ISSUED BY R2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:31885 WP No. 24609 of 2025 ORAL ORDER The petitioner is aggrieved by the action initiated under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] to take possession of the subject property. Sri T.P.Muthanna, the learned counsel for the petitioners, who is permitted to appear on behalf of the petitioner, submits [a] that he would seek this Court's interference because the petitioner's mother has bona fide executed a sale deed in favour of the petitioner who in turn, and again for bona fides reasons, has gifted the property to the third respondent; [b] that the petitioner and the third respondent are estranged; [c] that the third respondent has mortgaged the subject property without the petitioner’s knowledge and [d] that the - 4 - HC-KAR NC: 2025:KHC:31885 WP No. 24609 of 2025 petitioner, on coming to know about the issuance of the possession certificate, has met the officials of the first and the second respondents and he is able to ascertain that he has not signed any of the loan documents though he is described as a co-borrower. However, none of the afore submissions would be a reason for making an exception to the oft reiterated norm that this Court must not intervene under Article 226 of the Constitution of India when there is an efficacious alternative remedy under Section 17 of SARFAESI Act. Therefore the petition, subject to all just exceptions, stands disposed of. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr