- 1 - HC-KAR NC: 2026:KHC-D:2525 WP No. 101407 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 101407 OF 2026 (GM-RES) BETWEEN: 1. MOHAMMAD IQBAL S/O SYED ADAM, AGE. 67 YEARS, OCC. NIL, 2. GULNAJJABEEN SAYYED W/O MOHANMAD IQBAL, AGE. 50 YEARS, OCC. HOUSEHOLD, BOTH ARE R/O. NO.D/235, MUSLIM GALLI, KUMTA, UTTARA KANNADA- 581343. …PETITIONERS (BY SRI. SADIQ N GOODWALA, ADVOCATE) AND: 1. STATE BANK OF INDIA, CHIEF MANAGER, AUTHORIZED OFFICER, BENNE COMPLEX, RACC, KUMTA, UTTARA KANNADA- 581343. 2. POPULAR INDUSTRIES, REPRESENTED BY ITS PROPRIETOR, PLOT NO.C/101, HEGDE INDUSTRIES AREA, HEGDE ROAD, KUMTA, UTTARA KANNADA- 581434. 3. NAUSHAD HUSSAIN KHAN, PROPRIETOR OF POPULAR INDUSTRIES, NO.263, MUSLIM GALLI, KUMTA, Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2525 WP No. 101407 of 2026 UTTARA KANNADA- 581434. 4. RAZIYA BEGUM W/O ABDUL KARIMM KHAJI, NO.3B, 150B, KASTUBA NAGAR, CHIPGI SIRSI, UTTARA KANNADA- 581434. 5. VITTAL N SOMANAKOPPA, ADVOCATE AND COURT COMMISSIONER, KUMTA/KARWAR, F-49, LAXMI COMPLEX, 1ST FLOOR, COURT CIRCLE HUBBALLI- 580023. 6. THE POLICE INSPECTOR, KUMTA, DIST. UTTARA KANNADA- 581434. …RESPONDENTS (BY SRI. NANDISH F. PATIL, ADV. FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) A WRIT IN A NATURE OF CERTIORARI QUASHING THE IMPUGNED EVICTION NOTICE DATED 06.02.2026 ISSUED BY COURT COMMISSIONER IN REF.CRI.MISC. NO.3/2025 CJM KARWAR VIDE ANNEXURE-D; (II) A WRIT IN A NATURE OF MANDAMUS DIRECTING RESPONDENT BANK TO PROCEED AGAINST THE PROPERTY BEARING SY NO.68A/12 SITUATED AT CHITRIGI GRAM IN KUMTA, MEASURING 3.10 GUNTAS AND NOT THE SY NO.68A/11 WHICH IS A RESIDENTIAL HOUSE BELONGING TO PETITIONER NO.2 WHICH IS NOT MORTGAGED TO THE RESPONDENT BANK; (III) ISSUE SUCH OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. - 3 - HC-KAR NC: 2026:KHC-D:2525 WP No. 101407 of 2026 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “(i) A writ in a nature of Certiorari quashing the impugned eviction notice dated 06.02.2026 issued by Court Commissioner in Ref.Cri.Misc. No.3/2025 CJM Karwar vide Annexure-D; (ii) A writ in a nature of Mandamus directing Respondent Bank to proceed against the property bearing Sy No.68A/12 situated at Chitrigi Gram in Kumta, measuring 3.10 Guntas and not the Sy No.68A/11 which is a residential house belonging to Petitioner No.2 which is not mortgaged to the Respondent Bank; (iii) Issue such other reliefs as this Hon'ble Court deems fit in the circumstances of the case.” 2. Learned counsel appearing for the petitioner submits that the property, which is mentioned in the order passed in Crl.Misc.No.3/2025, is not the property, which is mortgaged and it is submitted that there is no difficulty in taking possession of the property, which is mortgaged. It is further submitted that an undertaking affidavit is filed before this Court stating that if four months’ time is granted, the entire amount would be paid. - 4 - HC-KAR NC: 2026:KHC-D:2525 WP No. 101407 of 2026 3. Learned counsel appearing for the respondent/Bank has placed before this Court, along with a memo, a copy of the plaint in OS No.8/2026 filed before the Senior Civil Judge, Kumta, the order passed in SA No.227/2025, dated 31.12.2025, which was filed questioning the order passed under Section 14 of the SARFAESI Act. He has also placed before the Court another order passed in SA No.648/2024 dated 31.12.2025, which was dismissed and the same was filed questioning the possession notice dated 03.12.2024 issued under Section 13(4) of the SARFAESI Act. Learned counsel for the respondent/Bank submits that this is nothing but a pure abuse of process of the Court and in fact the petitioner having suffered several orders and having approached the Debts Recovery Tribunal (for short, ‘DRT’) on several occasions, has come before this Court questioning the possession notice, which is nothing but suppression of material facts. Further it is submitted that even the submission with regard to mortgage of the property, even that issue cannot be gone into by this Court. As per the order passed under Section 14 of the SARFAESI Act, the possession - 5 - HC-KAR NC: 2026:KHC-D:2525 WP No. 101407 of 2026 notice is issued. It is submitted that the order passed under Section 14 of the SARFAESI Act is already questioned before the DRT in SA No.227/2025, which came to be dismissed by order dated 31.12.2025. Learned counsel for the respondent/Bank submits that this petition has to be dismissed as not maintainable and also for suppression of the material facts. 4. Having heard the learned counsels on either side, perused the material on record. Before going into the merits of the matter, this is a fit case where the instant writ petition has to be dismissed with exemplary costs, as the petitioner is indulged in forum shopping and coming before the Court with suppression of material facts. The petitioner having suffered several orders has failed to disclose the same before this Court. Learned counsel for the petitioner submits that he will come up with an affidavit. The affidavit cannot be filed after the facts were brought on record by the respondent/Bank. If there are any bonafides on the part of the petitioner, he would have stated all these in the writ petition. The whole endeavour of the petitioner appears to be to get an order from this Court - 6 - HC-KAR NC: 2026:KHC-D:2525 WP No. 101407 of 2026 by suppressing all the material facts. The litigants, who are coming to the Court with unclean hands, are not entitled for any relief from this Court while exercising the jurisdiction under Article 226 of the Constitution of India. That apart, the relief as sought for before this Court is not maintainable. It is to be noticed that even the petitioner had already availed alternative remedy before the DRT by filing SA, which was suppressed by the petitioner. However, in the facts and circumstances, considering the submission of the learned counsel for the petitioner, this Court is not imposing costs. Accordingly, this Court is passing the following: ORDER i) The writ petition is dismissed. ii) All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT:CNB List No.: 1 Sl No.: 37