- 1 - HC-KAR NC: 2026:KHC:24663 WP No. 14695 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 14695 OF 2026 (GM-DRT) BETWEEN: SRI. V.M. NANDAN GOWDA SON OF H.J. MUTHURAJ, AGED ABOUT 42 YEARS, RESIDING AT NO. 50, LAKSHIMPURA VILLAGE CHOWTHI POST, PIRIYAPATNA (RURAL) MYSORE - 571 107. …PETITIONER (BY SRI. KEERTHI REDDY, ADVOCATE) AND: 1. POONAWALLA HOUSING FINANCE LIMITED (EARLIER KNOWN AS GE MONEY HOUSING FINANCE, MAGMA HOUSING FINANCE, MAGMA HOUSING FINANCE LIMITED) HAVING ITS OFFICE AT 2ND FLOOR, BHAVESH ARCADE, NO. 5 AND 12, VISHWAMANAVA DOUBLE ROAD SARASWATHIPURAM MYSURU - 570 014 REP. BY ITS AUTHORISED OFFICER. 2. KOTAK MAHINDRA BANK, REGISTERED OFFICE AT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24663 WP No. 14695 of 2026 2BKC, C27, G BLOCK, BANDRA KURLA COMPLEX BANDRA (E), MUMBAI - 400 051 MAHARASHTRA, REP. BY ITS MANAGER. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONDTITUTIONOF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED PRE-INTIMATION COMMUNICATION DATED 03.09.2024 ISSUED BY RESPONDENT NO.2, THE ORDER DATED 12.06.2024 PASSED IN CRL. MISC. NO. 61/2024 BY THE LEARNED SENIOR CIVIL JUDGE AND CJM, MADIKERI, VIDE ANNEXURE-A AND THE POSSESSION NOTICE DATED 03.02.2026 VIDE ANNEXURE-B ALONG WITH ALL CONSEQUENTIAL ACTIONS AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2026:KHC:24663 WP No. 14695 of 2026 ORAL ORDER The learned counsel appearing for the petitioner submits that as against the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('the SARFAESI Act' for short) in Crl.Misc.No.61/2024 on the file of the Senior Civil Judge and CJM, Kodagu at Madikeri, the petitioner is already before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act and reserving liberty to the petitioner to file necessary application before the said Court seeking possession of the property, this writ petition may be dismissed as not pressed. 2. The submission is placed on record. 3. The writ petition is dismissed as not pressed with a liberty as prayed for. 4. All contentions urged are kept open. Sd/- (S VISHWAJITH SHETTY) JUDGE JY,List No.: 2 Sl No.: 29