- 1 - HC-KAR NC: 2026:KHC:9794 WP No. 15283 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 15283 OF 2025 (GM-DRT) BETWEEN: 1. SRI MAHESH M S/O. MALLAPPA AGE ABOUT 40 YEARS 2. SMT. ANUSHREE M W/O. MAHESH M AGE ABOUT 35 YEARS P1 AND P2 ARE RESIDING AT NO. 109/43, BEGUR ROAD, NEAR SHELL PETROL BUNK KRISHNA LAYOUT HULIMAVU, BANNERGHATTA ROAD, BENGALURU-560076 …PETITIONERS (BY SRI. SURESHA N, ADVOCATE) AND: 1. PROTIUM FINANCE LIMITED REGISTERED UNDER COMPANIES ACT REGISTERED OFFICE: 7TH FLOOR, BLOCK B2, PHASE-1, NIRLON KNOWLEDGE PARK, PAHADI VILLAGE, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9794 WP No. 15283 of 2025 OFF. WESTERN EXPRESS HIGHWAY, CAMA INDUSTRIAL ESTATE, GOREGAON (EAST), MUMBAI-400063, MAHARASHTRA BRANCH OFFICE ADDRESS: AISHWARYA SAMPURNA, 79-1/2, 1ST FLOOR, VANI VILAS ROAD, BASAVANAGUDI, BENGALURU- 560004. REPRESENTED BY ITS 2. M/S. YASHASWINI ENTERPRISES PROPRIETOR MUNIRAJU M. S/O CHIKKAMUNIYALLAPA ADDRESS: NO. 109/43, BEGUR ROAD, HULIMAVU, BANNERGHATTA ROAD, BENGALURU- 560076 3. SRI. MUNIRAJU M. S/O CHIKKAMUNIYALLAPA AGED ABOUT 42 YEARS 4. SMT. VYSHALI K W/O. MUNIRAJU M AGED ABOUT 37 YEARS R3 AND R4 ARE RESIDING AT SHAMBHU LINGESHWARA BADAVANE, HULIMAVU, BANNERGHATTA ROAD, BENGALURU-560076 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR DIRECTION OR ANY OTHER - 3 - HC-KAR NC: 2026:KHC:9794 WP No. 15283 of 2025 APPROPRIATE WRIT, ORDER OR DIRECTION TO RESPONDENT NO.1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition seeking a mandamus directing respondent No.1 not to take physical possession of the writ petition schedule properties. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioner claims to be bona fide tenants over the petition schedule property under the lease agreement dated 06.03.2025 and are in occupation of the property for dwelling purpose. Respondent No.1 visited the petition schedule property and attempted to take the physical possession of the property. On inquiry, it came to the knowledge of the petitioners that respondent Nos.2 and 3 availed financial assistance from respondent No.1- - 4 - HC-KAR NC: 2026:KHC:9794 WP No. 15283 of 2025 Finance by mortgaging the property. The petitioners contend that, respondent No.1 has no right to take the possession of the property. Hence, this petition. 3. Heard the arguments of learned counsel for the petitioner. 4. Learned counsel for the petitioner submits that, the petitioners are in possession of the petition schedule property as tenants and he has produced the lease agreement executed on 10.11.2022 vide Annexure-A. He submits that, if the respondent-Finance wants to evict the petitioners, they have to be evicted by following the due process of law. Hence, on these grounds, he prays to allow the writ petition. 5. Perused the records and considered the submissions of the learned counsel for the petitioners. 6. It is an undisputed fact that respondent Nos.2 and 3 have availed a loan from respondent No.1-Finance by mortgaging the petition schedule property. Respondent - 5 - HC-KAR NC: 2026:KHC:9794 WP No. 15283 of 2025 Nos.2 and 3 committed a default and did not repay the loan amount. Respondent No.1-Finance initiated a recovery proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short). 7. Respondent Nos.2 and 3, to delay the proceedings, have got filed this petition through the petitioners by creating the lease agreement dated 10.11.2022 vide Annexure-A. Admittedly, the said lease is for a period of 2 years. If the lease exceeds more than 11 months, it requires registration as per Section 17 of the Registration Act, 1908. The said document is an unregistered document. The petitioners claim to be tenants of the petition schedule property. Except producing Annexure-A, they have not produced any other records to show that the petitioners are in possession of the petition schedule property. Hence, the petitioners have no locus to file a writ petition. If at all if the petitioners are aggrieved by the action of respondent No.1-Finance in - 6 - HC-KAR NC: 2026:KHC:9794 WP No. 15283 of 2025 initiating the recovery proceedings under the SARFAESI Act, the petitioners have a locus to approach an appropriate forum, but not by way of filing a writ petition before this Court. 8. Hence, I do not find any grounds to entertain the writ petition and accordingly, the same is dismissed. 9. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 10