- 1 - HC-KAR NC: 2025:KHC:45306 WP No. 19037 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19037 OF 2025 (GM-RES) BETWEEN: 1. SRI V N MARIMUTHU @ N MARIMUTHU AGED ABOUT 63 YEARS, S/O. SRI. A. NALLASWAMY. 2. SRI. M. SUNDAR, AGED ABOUT 38 YEARS. S/O. SRI. V.N. MARIMUTHU. 3. SRI. M. ANAND, AGED ABOUT 36 YEARS. S/O. SRI. V.N. MARIMUTHU. PETITIONERS 1 TO 3 ARE RESIDING AT NO.62/A. HENNUR BANDE, HORMAVU POST. BANGALORE -560 113. 4. SRI. NAGESHA, AGED ABOUT 43 YEARS, S/O. LATE ESHWARAPPA, RESIDING AT 2/2/1, 1ST MAIN, DODDARAMANNA LAYOUT, NEAR SUBRAMANYA SWAMY TEMPLE. HENNUR VILLAGE, KALYANAGAR POST, BENGALURU-560 043. …PETITIONERS (BY SRI. BHARADWAJ K R., ADVOCATE) AND: 1. TATA CAPITAL HOUSING FINANCE LIMITED 11TH FLOOR, TOWER A, PENINSULA BUSINESS PARK. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45306 WP No. 19037 of 2025 GANPATRAO KADAM MARG, LOWER PANEL, MUMBAI-400 013. REPRESENTED BY ITS AUTHORIZED SIGNATORY 2. SRI. VISHAL S.K., AGED ABOUT 34 YEARS, S/O. SRI. KARUNAKARAN J.M., RESIDING AT NO.1064-G, 7TH MAIN, HBR LAYOUT, 4TH BLOCK, KALYAN NAGAR, BANGALORE -560 043. …RESPONDENTS (BY SRI. K R PARASHURAM., ADVOCATE FOR R1; V/O DATED 02.09.2025 NOTICE TO R2 IS DEFERRED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DTD 09.05.2025 UNDER SEC 13(4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (THE SARFAESI ACT, 2002) AT ANNX-A GRANT AN INTERIM ORDER TO STAY THE POSSESSION NOTICE DTD 09.05.2025 UNDER SEC 13(4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (THE SARFAESI ACT, 2002) AT ANNX-A PENDING DISPOSAL OF THE ABOVE WP R- THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; a. Issue a writ of Certiorari or any other appropriate writ or direction and thereby quash the possession Notice dated 09.05.2025 under Section 13(4) of the Securitization and Reconstruction of Financial Assets - 3 - HC-KAR NC: 2025:KHC:45306 WP No. 19037 of 2025 and Enforcement of Security Interest Act, 2002 (The SARFAESI ACT, 2002) at Annexure-A in the interest of Justice and equity. b. And grant such other writ/order/direction as this Hon’ble Court deemed fit under the circumstances of the case, in the interest of justice and equity. 2. The learned counsel for Respondent No.1 submits that the possession notice which had been issued by Respondent No.1 has been withdrawn by Respondent No.1 rendering the above petition infructuous. 3. Placing the said submission on record, the Writ Petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 65