- 1 - HC-KAR NC: 2025:KHC-K:3294 WP No. 201019 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201019 OF 2024 (GM-RES) BETWEEN: SHIVASHETTY S/O MADAPPA PATIL, AGE: 60 YEARS, ACC: AGRICULTURE AND SOCIAL WORKER, R/O PLOT NO.19, BEHIND GANESH TEMPLE, JAYA NAGAR, KALABURAGI-585105. …PETITIONER (BY SMT. HEMA L. KULAKARNI, ADVOCATE) AND: 1. M/S PIRAMAL CAPITAL AND HOUSING FINANCE LTD., (FORMERLY KNOWN AS DEWAN HOUSING FINANCE, CORPORATION LTD)., HAVING ITS BRANCH OFFICE AT 2/243/FF/2, 1ST FLOOR, ASIAN TOWER, JAGAT MAIN ROAD, OPP: CITY MUNICIPAL COUNCIL, KALABURAGI-585101. REPRESENTED BY ITS AUTHORIZED OFFICER, MR .MALLIKARJUN G. HADAGALI. 2. ASHOK S/O MADHAVRAO PATIL, AGE: MAJOR, OCC: NOT KNOWN, R/O H. NO: E/8/856/1, LOHAR GALLI, NEAR MAHADEVI TEMPLE, KALABURAGI, TQ. DIST. KALABURAGI-585101. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3294 WP No. 201019 of 2024 3. SMT. LALITABAI W/O ASHOK PATIL, AGE: 55 YEARS, OCC: NOT KNOWN, R/O H. NO: E/8/856/1, LOHAR GALLI, NEAR MAHADEVI TEMPLE, KALABURAGI, TQ. DIST. KALABURAGI-585101. …RESPONDENTS (BY SRI. SACHIN C. ANGADI, ADVOCATE FOR R1 (VC)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE WRIT CERTIORARI QUASHING THE IMPUGNED ORDER DATED 29.1.2024 PASSED IN CRL.MISC.NO.9/2024 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AT KALABURAGI AS PER ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner in the instant writ petition has challenged the order dated 29.01.2024 passed by Prl. Senior Civil Judge at Kalaburagi in Crl.Misc.No.9/2024 vide Annexure-F, under Section 14 of the Securitization of - 3 - HC-KAR NC: 2025:KHC-K:3294 WP No. 201019 of 2024 Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’). 2. The said proceedings have been initiated by respondent No. 1 herein in pursuance of the proceedings initiated under Section 13(4) of SARFAESI Act, against which the petitioner is having an alternative and efficacious remedy. 3. For the aforementioned reasons, the writ petition is hereby dismissed, reserving liberty to the petitioner to approach the appropriate forum in the manner known to law. Further, the time spent by the petitioner pursuing the instant writ petition shall be condoned, if any application is made in this regard before the appropriate authority. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 6 CT:SI