- 1 - HC-KAR NC: 2026:KHC:15171 WP No. 36135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 36135 OF 2025 (GM-DRT) BETWEEN: 1. MR. SHIVAMADA S M S/O MALLESHAIAH AGED ABOUT 38 YEARS R/A NO. 119/6, SOMANAHALLI, CHUCHUNKATTE HOBLI, KR NAGARA TALUK, ANKANAHALLI, MYSORE KARNATAKA-571617 2. SMT. MAHADEVAMMA W/O MALLESHAIAH AGED ABOUT 51 YEARS R/A NO. 119/6, SOMANAHALLI, CHUCHUNKATTE HOBLI, KR NAGARA TALUK, ANKANAHALLI, MYSORE KARNATAKA-571617 3. MR. MALLESHAIAH S/O LATE KARIYAIAH, AGED ABOUT 61 YEARS R/A NO. 119/6, SOMANAHALLI, CHUCHUNKATTE HOBLI, KR NAGARA TALUK, ANKANAHALLI, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15171 WP No. 36135 of 2025 MYSORE KARNATAKA-571617 …PETITIONERS (BY SRI. HRITHIK GOWDA K.V., ADVOCATE) AND: 1. M/S MANAPURAM HOME FINANCE LTD HAVING ITS BRANCH OFFICE AT SARASWATHIPURAM, MYSURU REPRESENTED BY ITS MR.MANCHAIAH.M., S/O MR.MANCHAIAH, AGED ABOUT 40 YEARS IS A HOUSING FINANCE COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE AN ORDER, DIRECTION TO SET ASIDE QUASH THE SARFESI ORDER DATED 30-09-2025 AND THE ENTIRE PROCEEDINGS PASSED UNDER UNDER SECTION 14 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 IN CRL.MISC NO.205/2025 BEFORE THE HONBLE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT MYSURU VIDE ANNEXURES A AND B RESPECTIVELY IN THE BEST INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15171 WP No. 36135 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “A) Issue an order, direction to set aside/quash the SARFESI order dated 30- 09-2025 and the entire proceedings passed under section 14 of the SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 in Crl.Misc No.205/2025 before the Hon'ble III Additional Senior Civil Judge and CJM at Mysuru vide Annexures A and B respectively in the best interest of Justice and Equity. B) Issue any Writ, order or directions as this Hon'ble Court deems fit according to the facts and circumstances of the case.” 2. The writ petition is of the year 2025. The writ petition is filed against respondent Manapuram Home Finance Limited, which is a private financial company. 3. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257-259 of - 4 - HC-KAR NC: 2026:KHC:15171 WP No. 36135 of 2025 2022, a writ petition against the private financial institution is not maintainable. 4. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed as not maintainable ii. The petitioners are at liberty to avail appropriate remedy before the DRT. iii. If any amount has been deposited before this Court by virtue of the interim order, the same shall be returned to the petitioners. iii. Pending IAs., if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 16