- 1 - HC-KAR NC: 2026:KHC:19397 WP No. 38172 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 38172 OF 2025 (GM-DRT) BETWEEN: 1. MR BINOD KUMAR JAISWAL S/O. MR. SHITAL PRASAD JAISWAL, AGED ABOUT 60 YEARS, RESIDING AT HOUSE NO.444, NAGESHWAR COLONY, OPP THAKURBARIMANDIR, BAKARGANJ,ARYA KUMAR ROAD, BANKIPORE, PATNA, BIHAR- 800004 CURRENTLY R/AT FLAT NO. 403, NANDA RESIDENCY, 11A AND 11B, 11TH MAIN ROAD, NATARAJA LAYOUT, JP NAGAR, 7TH PHASE, AREKERE, BANGALORE – 560078 …PETITIONER (BY SRI. ANUPAM AGARWAL.,ADVOCATE (ABSENT)) AND: 1. PNB HOUSING FINANCE LIMITED REPRESENTED BY ITS BRANCH MANAGER HAVING REGISTERED OFFICE AT 9TH FLOOR, ANTRIKSH BHAWAN, 22 KASTURBA GANDHI MARG, NEW DELHI-110001 ALSO HAVING ITS BRANCH OFFICE AT 3RD AND 4TH FLOOR, PRESTIGE EMERALD BUILDING, LAVELLE ROAD, BENGALURU 560 001 2. DR. T.V.S.R.K.V. PRASAD S/O. T. VENKATRAMAIAH, AGED ABOUT 58 YEARS, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19397 WP No. 38172 of 2025 RESIDING AT PADMAVATHI NAGARS PILER, CHITTOOR DISTRICT- 517214 (A.P.) 3. M/S. N.D. DEVELOPERS (P) LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS MANAGING DIRECTOR, ARJUN KUMAR, HAVING OFFICE AT NO. 398, 1 (ST) FLOOR, 7 (TH) CROSS, MICO LAYOUT, BTM 2(ND) STAGE, BANGALORE- 560076 4. M/S. SUVASTU ESTATES (P) LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING OFFICE AT NO. 49, AMR PLAZA, 18 (TH) MAIN, HSR LAYOUT 3 (RD) SECTOR, BANGALORE- 560102 REPRESENTED BY ITS MANAGING DIRECTOR MR. M. ARJUN KUMAR 5. MR. SARAH RAFIQ, S/O, UNKNOW AGED ABOUT MAJOR 7, A STREET BAIDER HALLI, BENSON TOWN, BENGALURU -560 046. ALSO AT 3011, 3RD OAK LEAF, OAK LEAF, KHATHA NO.91/4-536, 91/5-537 AND 92-538, IN SY.NO.91, 91/4, 91/5 AND 92, CHEMBENHALLI VILLAGE, SARJAPURA, ANEKAL TALUK, BENGALURU 560 061 6. MR.RAZIULLAH KHAN, S / O UNKNOW AGED ABOUT MAJOR 7, ECOSPACE, SARJAPUR, MARATHAHALLI, BELLANDUR, BENGALURU 560 103 ALSO AT 7, A STREET BAIDER HALLI, BENSON TOWN, BENGALURU -560 046 ALSOAT - 3 - HC-KAR NC: 2026:KHC:19397 WP No. 38172 of 2025 3011, 3RD OAK LEAF, KHATHA NO.91/4-536, 91/5-537 AND 92-538, IN SY NO. 91, 91/4. 91/5 AND 92, CHEMBENHALLI VILLAGE, SARJAPURA, ANEKAL TALUK, BENGALURU 560061.. …RESPONDENTS (BY SRI. SURESH V.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 11.04.2023 PASSED BY THE HONBLE CHIEF JUDICIAL MAGISTRATE. BENGALURU RURAL DISTRICT, BENGALURU IN CRL.MISC. NO. 1731/2022 AS DETAILED VIDE ANNEXURE-A INSOFAR AS THEY PURPORT TO ENABLE RESPONDENT NO. 1 TO TAKE PHYSICAL POSSESSION OR INITIATE SALE PROCEEDINGS IN RESPECT OF THE PETITIONER PROPERTY AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER There is no representation on behalf of the petitioner. 2. The present writ petition is filed seeking the following prayer: "Wherefore, petitioner respectfully prays that this Hon’ble Court be pleased to; a. Issue a writ of certiorari quashing the order dated 11.04.2023 passed by the Hon’ble Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in Crl.Misc.No.1731/2022 as detailed vide annexure- - 4 - HC-KAR NC: 2026:KHC:19397 WP No. 38172 of 2025 A insofar as they purport to enable respondent No.1 to take physical possession or initiate sale proceedings in respect of the petitioner property. b. Issue a writ of mandamus directing respondent No.1 to forthwith discharge the petitioner property from all recovery, enforcement, or possession proceedings arising out of the loan allegedly availed by respondent No.5 and 6, and to recognize the petitioner lawful and bona fide ownership c. Declare that the petitioner are bona fide purchasers for valuable consideration and are entitled to peaceful possession and enjoyment of the schedule property free from interference by any of the respondents. d. Pass such other order(s) as this Hon’ble court may deem fit, proper, and necessary in the interests of justice and equity.” 3. The writ petition is filed against the respondent Bank which is not a nationalized bank. 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 PNB Housing Finance Limited, which is a finance company. 4. In that view of the matter, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC:19397 WP No. 38172 of 2025 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. As the petitioner has the benefit of interim order from 19.12.2024, the same shall be continued for a period of four weeks. iii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 19