- 1 - HC-KAR NC: 2026:KHC:14673 WP No. 7732 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7732 OF 2026 (GM-DRT) BETWEEN: SRI. AMRUT BAIRY M.L., S/O LATE M. LAKSHMINARAYANA BAIRY, AGED ABOUT 45 YEARS, RESIDING AT NO. 39, 1ST MAIN, 1ST STAGE, 6TH PHASE, WEST OF CHORD ROAD, RAJAJINAGAR, BENGALURU – 560 010 …PETITIONER (BY SMT.APOORVA, ADVOCATE FOR SRI. ASHOKA T., ADVOCATE) AND: 1. CAN FIN HOMES LTD., REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER, BRANCH VIDYARANYAPURA, NO. 964, RR PLAZA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14673 WP No. 7732 of 2026 FIRST FLOOR, 2ND BLOCK, BEL LAYOUT, VIDYARANYAPURA, BENGALURU -560 097 2. THE AUTHORIZED OFFICER CAN FIN HOMES LTD., REGD. OFF NO. 29/1, SIR M.N. KRISHNA RAO ROAD, BASAVANGUDI, BENGALURU – 560 004 …RESPONDENTS (BY SRI.D.NARAYANASWAMY, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- QUASHING THE ACT OF TAKING PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY ON 10.02.2026 BY THE RESPONDENTS USING THE STALE ORDER IN CRL.MISC. NO. 1086/2025 ANNEXURE-K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:14673 WP No. 7732 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: "WHEREFORE, in the facts and circumstances narrated above, the Petitioner humbly prays that this Hon'ble Court be pleased to: i. Issue a Writ of Certiorari or any other appropriate writ, order, or direction quashing the act of taking physical possession of the Schedule Property on 10.02.2026 by the Respondents using the stale order in Crl. Misc. No. 1086/2025- Annexure- K. ii. Issue a Writ of Mandamus directing the Respondents to de-seal the Schedule Property and restore possession of the same to the Petitioner and his tenant immediately. iii. Declare that the 2024-2025 SARFAESI proceedings (Demand Notice dated 02.12.2024 - Annexure-B and Possession Notice dated 04.02.2025-Annexure-C stand extinguished and rendered void in view of the regularization of the account on 31.03.2025. iv. Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the interest of justice and equity." 2. In the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against CAN FIN Homes Ltd/respondent No.1. - 4 - HC-KAR NC: 2026:KHC:14673 WP No. 7732 of 2026 3. Learned counsel appearing for the respondents submits that petitioner had already filed appeal before the DRT and again he has filed the writ petition before this Court. The conduct of the petitioner cannot be appreciated. Accordingly, this Court is passing the following: ORDER i. The writ petition is dismissed as not maintainable. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 31