- 1 - HC-KAR NC: 2026:KHC:25640 WP No. 19092 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 19092 OF 2021 (GM-DRT) BETWEEN: 1. SRI. ATEEQ SHEIK MOHAMMED, S/O. MEHMOOD SHEIK MOHAMMED, AGE 50 YEARS, 2. SRI. WASEEM SHARIEF, S/O. KHADER SHARIEF, AGE 45 YEARS, 3. SMT. SEEMA ATEEQ SHEIK MOHAMMED, W/O. SRI ATEEQ SHEIK MOHAMMED, AGE 43 YEARS, PETITIONERS NO. 1 TO 3 ARE RESIDENTS OF FLAT NO.T-3, 3RD FLOOR, EIKSHA ENCLAVE NO.51/2, DODDA BOMMASANDRA VILLAGE, YELAHANKA HOBLI, VIDYARANYAPURA, BENGALURU-560097. …PETITIONERS (BY SRI. CHETAN KUMAR G., ADVOCATE FOR SRI. SATISH T.E., ADVOCATE) AND: IDBI BANK LIMITED ASHWINI COMPLEX NO.326 6TH MAIN, INDIRA NAGAR, 2ND STAGE, BENGALURU-560038 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25640 WP No. 19092 of 2021 REPRESENTED BY ITS DEPUTY GENERAL MANAGER (RETIAL) AND AUTHORIZED OFFICER MR HEMANT KUMAR PATRA …RESPONDENT (BY SRI. T.P.MUTTANNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Chetan Kumar.G, counsel on behalf of Sri.Satish T.E, for the petitioners and Sri.T.P.Muthanna, counsel for the respondent have appeared in person. 2. The writ petition is filed seeking following reliefs: (a) The petitioners hereby most respectfully pray that this Hon'ble Court may be pleased to stay all the measures taking the possession by the respondent under Section 13(4) of the Securitization Act pursuant to Annexure "A" Possession Notice dated 29.09.2021 is legally invalid and unsustainable and hence the same may please be set aside in the interest of justice and equity and also pray to give directions to the respondent not to take any further measure against - 3 - HC-KAR NC: 2026:KHC:25640 WP No. 19092 of 2021 the schedule property mentioned in the said notice and also to award costs of these proceedings and further pray for such other reliefs which this Hon'ble Court may deem fit to grant under the circumstances of this case. (b) To set aside the action of the respondent Bank, if they have obtained any order from the Magistrate/ Deputy Magistrate/ District Magistrate under Section 14 of the Act, to take physical possession of the said property. (c) Grant such further relief/s or order/s that this Hon'ble Court deems fit to grant on the facts and in the circumstances of the case, in the interest of justice and equity; and (d) Grant costs of these proceedings. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. The petitioners grievance is about the issuance of the possession notice. The relief sought by the petitioners cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of decisions that a possession notice - 4 - HC-KAR NC: 2026:KHC:25640 WP No. 19092 of 2021 cannot be challenged by filing a writ petition. The petition is devoid of merits. Accordingly, the writ petition is dismissed. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 28