Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25647 WP No. 15776 of 2026
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. 15776 OF 2026 (GM-DRT) BETWEEN:
1.
MRS. S.GAYATHRI, W/O. MR. S.SURYA PRAKASH, AGED ABOUT 65 YEARS, R/AT, NO.3, 3RD CROSS, VIJINAPUR, KODANDARAMA REDDY LAYOUT, RAMAMURTHY NAGAR, BENGALURU-560016.
2.
MR. ACCHANNA, S/O MR.RAMA SHASTRY, AGED ABOUT 62 YEARS, R/AT NO.1085/4, 9TH A MAIN, KALYAN NAGAR 1ST BLOCK, BENGALURU-560043.
3.
MRS. AMUDHAVALLI GOPI, AGED ABOUT 48 YEARS, W/O. MR. GOPI, R/AT NO.171, 4TH CROSS, 7TH MAIN, M.V GARDEN, HALASURU, BENGALURU-560078.
4.
MR. R.MANJUNATH KAKDE, S/O. MR. RAVI K.M., AGED ABOUT 36 YEARS, R/AT NO.25, 2ND STREET, SHIVAN CHETTY GARDEN, BHARATHI NAGAR, BENGALURU NORTH, KARNATAKA - 560042.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25647 WP No. 15776 of 2026
5.
MR. ANIL KUMAR KAMATH, S/O. MR. SAINI KAMATH, AGED ABOUT 37 YEARS, R/AT NO.26, 5TH CROSS, OPP FCI MAIN ROAD, VIJINAPURA, BENGALURU-560016.
6.
MRS. KODIKONDA LAVANYA, W/O. MR. NARAYANA SWAMY KURAKULA, AGED ABOUT 37 YEARS, R/AT NO.25-26, MANJUNATHA NAGAR, 7TH CROSS, RAMAMURTHY NAGAR, NEAR LAKSHMI NARASIMHA SWAMY TEMPLE, DOORAVANINAGAR, BENGALURU-560016.
7.
MR. SHRINENAIKA S.R., S/O. MR. RAMASWAMY NAIKA, AGED ABOUT 36 YEARS, NO.49, SADDAPALLI, GULUR HOBLI, NARAVALAPALLI POST, BAGEPALLI TALUK, CHIKKABALLAPUR DIST-561207.
8.
MR. SHARATH KUMAR S., S/O. MR. SANTHANAM R., AGED ABOUT 30 YEARS, RESIDENT OF NO.U- 42, 5TH MAIN, 8TH CROSS, 2ND RAILWAY GATE, BHUVANESHWARI NAGAR, K.P.AGRAHARA, MAGADI ROAD, BENGALURU-560023. …PETITIONERS (BY SRI. GAUTAM MOHAN, ADVOCATE)
AND:
ICICI BANK LTD., PRIVATE COMMERCIAL BANK, OFFICE AT NO. 4/10, MYTHREE TOWER, BOMMANHALLI, HOSUR MAIN ROAD, BENGALURU -560068.
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HC-KAR NC: 2026:KHC:25647 WP No. 15776 of 2026
REPRESENTED BY THE AUTHORISED OFFICER …RESPONDENT (BY SRI. B.S.JEEVAN KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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.Gautam Mohan., counsel for the petitioners and Sri.B.S.Jeevan Kumar., counsel for the respondent have appeared in person.
2. The petition is filed seeking following reliefs: I. The petitioners above named humbly prays that this Court may be pleased to call for the concerned records of the XI ACJM, Bengaluru City, with regard to
order dated:13.05.2026 in Crl.Misc.No.50171/2026 and issue appropriate writ or order by granting the following reliefs:
II. Direct that the petitioners may not be dispossessed of the petition schedule property by the respondent for a period of six months so that the petitioners may equip themselves to find alternative accommodations.
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HC-KAR NC: 2026:KHC:25647 WP No. 15776 of 2026
III. Order that the amounts paid by the petitioners be settled out of the balance of the sale amount recovered after attachment and sale of the petition schedule property.
IV. Grant such other relief or reliefs as the situation demands to meet the ends of justice.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the papers with care.
4. The Trial Court had passed the final order on 13.05.2026 under Section 14 of the SARFAESI Act. The same cannot be questioned under writ jurisdiction, as the law is laid down by the Apex Court in catena of decisions. There is an alternate remedy of filing an appeal before the DRT. Hence, I decline to exercise power under writ jurisdiction. Accordingly, the writ petition is dismissed.
Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.
Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 40