- 1 - HC-KAR NC: 2026:KHC:8119 WP No. 1122 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1122 OF 2026 (GM-DRT) BETWEEN: 1. MD SHAFI, SON OF MD.WAKIL, AGED 29 YEARS, R/AT NO.104, 2ND FLOOR, 6TH CROSS, 4TH MAIN, BALAJI LAYOUT, BHADRAPPA LAYOUT, BENGALURU-560 094 2. MOHAMMED RAEESH, SON OF MOHAMMED UMAR, AGED 48 YEARS 6TH CROSS, 4TH MAIN, BALAJI LAYOUT, BHADRAPPA LAYOUT, BENGALURU-560 094 …PETITIONERS (BY SRI. CHANDRAIAH., ADVOCATE) AND: 1. THE ICICI BANK LIMITED, NO.4/10, 1ST FLOOR, MYTHRI CENTRE, HOSUR ROAD, BOMMANAHALLI, BANGALORE, KARNATAKA 560068, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8119 WP No. 1122 of 2026 REPRESENTED BY AUTHORISED OFFICER/MANAGER REVAN BELLOR S/O KASHINATH AGED ABOUT 46 YEARS 2. MR. M U RISHEAL S/O M S UNHYA AGED ABOUT 29 YEARS TEACHERS LAYOUT ARKA BANNDE KAVAL VILLAGE YELAHANKA HOBLI SITE No.21, 22 BENGALURU – 560 053 3. MRS. SHUGUFTHA B K MR. M U RISHEAL AGED ABOUT 25 YEARS TEACHERS LAYOUT ARKA BANNDE KAVAL VILLAGE YELAHANKA HOBLI SITE No.21, 22 BENGALURU – 560 053 …RESPONDENTS (BY SRI. B.S JEEVAN KUMAR, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE ORDER DATED 04-11-2025 PASSED IN CRL. MISC. NO.1607/2025 BY THE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL COURT, AT BENGALURU, CONSEQUENTLY ORDER AND DIRECT THE RESPONDENT TO ALLOW THE PETITIONERS TO TAKE POSSESSION OF THEIR HOUSE, BY DOING THE NEEDFUL, IN THE INTEREST OF JUSTICE OR THE HON'BLE COURT MAY KINDLY PASS SUCH OTHER ORDER/DIRECTION/WRIT, WHICH DEEMS FIT TO GRANT IN FAVOUR OF THE PETITIONERS TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:8119 WP No. 1122 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners filed this petition aggrieved by the order dated 04.11.2025 passed in Criminal Miscellaneous No.1607 of 2025 by the Chief Judicial Magistrate, Bangalore Rural Court at Bangalore, vide Annexure ‘A’, and to direct the respondents to allow the petitioner to take possession of the house by doing the needful in the interest of justice. 2. Learned counsel for the petitioners, after arguing the matter for some time, submits that the petitioners intends to approach the Debts Recovery Tribunal. In the meanwhile, the petitioners’ interest may be protected. 3. In view of the submissions made by the learned counsel for the petitioners, the writ petition is disposed of, reserving a liberty of the petitioners to - 4 - HC-KAR NC: 2026:KHC:8119 WP No. 1122 of 2026 approach the Debts Recovery Tribunal challenging the impugned order within a month from today. 4. Meanwhile, respondent No.1 Bank is directed not to take any coercive action for 30 days from today. 5. Pending application/s, if any, shall stand disposed of. SD/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 34