- 1 - HC-KAR NC: 2026:KHC:15450 WP No. 26899 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26899 OF 2025 (GM-DRT) BETWEEN: SUNEETHA M., W/O RAVISHANKAR REDDY, AGED ABOUT 52 YEARS, RESIDING AT NO. 420/1, 3RD B MAIN ROAD, WOC ROAD, 2ND PHASE, MANJUNATHANAGAR, BENGALURU -560 010 PHONE NO. 9741127275 …PETITIONER (BY SRI. SHIVA KUMARA G.R., ADVOCATE) AND: 1. ICICI BANK LTD, NO. 4/10, 1ST FLOOR, WEST WING, MYTHRI CENTEER, HOSUR ROAD, BOMMANAHALLI, BANGALORE -560 068 2. MR. VIJAY KUMAR R., S/O S.Y.RAMESH, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15450 WP No. 26899 of 2025 AGED ABOUT 36 YEASR, RESIDING AT NO.176, SHANTIPURA, HUSKUR POST, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE- 560 099 3. MR.ABHILASH DAGA AGED ABOUT 29 YEASR, S/O VALLABH DAGA, RESIDING AT NO. 19, NHCS LAYOUT, NEAR WATER TANK, KAMALANAGAR, BASAVESHWARANAGAR, BANGALORE -560 079 …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS AN ORDER IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT BANK TO RE-DELIVER THE POSSESSION OF SUBJECT PROPERTY TO PETITIONER WITHOUT ANY PROCESS UNDER THE LAW BY HOLDING THAT THAT THE ACTION TAKEN IN THE GUISE OF TAKING MEASURES UNDER PROVISIONS OF SARFAESI ACT AGAINST THE PETITIONER IN RESPECT OF SUBJECT PROPERTY IS ILLEGAL AND ARBITRARY AND NOT ENFORCEABLE UNDER THE LAW. 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:15450 WP No. 26899 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER Wherefore the petitioner respectfully pray this hon'ble court to a) Pass an order in the nature of writ of Mandamus directing the respondent bank to re-deliver the possession of subject property to petitioner without any process under the law by holding that that the action taken in the guise of taking measures under provisions of SARFAESI Act against the petitioner in respect of 'subject property' is illegal and arbitrary and not enforceable under the law. b) Pass an order that the sale deed executed by the respondent no.2 in favour of the respondent no.3 is not binding on this petitioner and shall be consider Null and void. c) Pass an order in the nature of writ of Certiorari quashing of the impugned order passed by Rural CJM, Bangalore dated 7th July 2025 in Cr Mis 786/2025 as it is against the lawful right interest of petitioner in subject property. d) And pass such other order/s that this hon ble court may deem fit to rant in the nature and circumstances of the case. In the interest of justice and equity." 2. A memo is filed on behalf of respondent No.1/Bank stating that the subject matter of the schedule property is also mortgaged in favour of respondent No.1/Bank. As the petitioner is also claiming the right over the schedule property by virtue of the sale deed dated 28.04.2018, respondent No.1/Bank initiated the internal investigation and the same is pending final - 4 - HC-KAR NC: 2026:KHC:15450 WP No. 26899 of 2025 outcome. In view of the same, respondent No.1/Bank is withdrawing all the measures initiated under the provisions of the SARFAESI Act with a liberty to re-initiate the same in any event the mortgage created in favour of respondent No.1 is just and proper. 3. The memo is taken on record. In the light of the memo, this Court is passing the following order: ORDER i. Accordingly, the writ petition is allowed by setting aside all the measures taken by respondent No.1/Bank. ii. As per the memo filed before this Court, the respondents are at liberty to take appropriate action in accordance with law. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 8