- 1 - HC-KAR NC: 2025:KHC:33961 WP No. 14298 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14298 OF 2025 (GM-RES) BETWEEN: SMT. SHARADAMMA W/O RAJAPPA AGED ABOUT 37 YEARS R/AT AGARADAHALLI VILLAGE, HOLEHONNURU HOBLI. BHADRAVATI TALLUK SHIVAMOGGA DISTRICT - 577 235. …PETITIONER (BY SRI. HEMANTH T.C., ADVOCATE FOR SRI. M.R.HIREMATHAD., ADVOCATE) AND: 1. EQUITAS SMALL FINANCE BANK LIMITED (PREVIOUSLY KNOWN AS EQUITAS FINANCE LIMITED) REGISTERED OFFICE AT 4TH FLOOR, PHASE-II SPENCER PLAZA, NO-769, MOUNT ROAD, ANNA SALAI, CHANNAI, TAMILU NADU-600002 HAVING ONE OF ITS BRANCH OFFICE Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33961 WP No. 14298 of 2025 AT NO-3/5, JAVARAPPA COMPLEX, S NO-46/3, MUNISHWARANAGAR, ULLAL MAIN ROAD, MALLATHALLI POST BENGALURU-560056 REP BY ITS AUTHORIZED OFFICER SRI R SHASHIKUMAR. 2. SRI CHOWDAPPA S/O RAMANNA, AGED ABOUT 51 YEARS 3. RAMAPPA S/O BABANNA, AGED ABOUT 73 YEARS,. 4. SHANTAMMA W/O CHOWDAPPA AGED ABOUT 48 YEARS 5. SUNDARAMMA W/O RAMANNA RESPONDENTS NO.2 TO 5 ARE R/AT NO-72, BANDI VADDARA KERI, AGARADAHALLI BHADRAVATI TALLUK, SHIVAMOGGA DSTRICT-577227. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA IN CR.MISC.NO.87/2024 AND 27.09.2024 PRODUCED AT ANNX-A AND TO PASS SUCH OTHER ORDER OR - 3 - HC-KAR NC: 2025:KHC:33961 WP No. 14298 of 2025 DIRECTION UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDER , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the Order dated 27.09.2024 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'] in Crl. Misc. No. 87/2024 on the file of the Principal Senior Civil Judge and CJM, Shivamogga. Sri Hemanth T C, the learned counsel who for the petitioner, submits that no proceedings could be initiated against the subject property because the petitioner, who is not a borrower or a guarantor has independent title under the Gift Deed dated 06.02.2024, and the learned counsel also submits - 4 - HC-KAR NC: 2025:KHC:33961 WP No. 14298 of 2025 that the petitioner will use good offices with the borrower, who is her father-in-law, to ensure that the loan is settled. These submissions are considered in the light of the fact that the impugned order is dated 27.09.2024 and no interim order has been granted by this Court and that the petitioner has an alternative remedy under Section 17 of the SARFAESI Act. This Court is of the view that the questions of facts proposed to be canvassed cannot be gone into in the present proceedings under Article 226 of the Constitution of India. As such, the petition stands disposed of with liberty to the petitioner, subject to all just exceptions, to avail remedy under Section 17 of the SARFAESI Act. SD/- (B M SHYAM PRASAD) JUDGE AN/-