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2026 DAILYLAW 18656 (KAR)

MS. VIJAYALAKSHMI v. INDIA INFOLINE HOME FINANCE LTD.,

WP/21165/2023 · 2026-06-03

M G S Kamal

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25963 WP No. 21165 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 21165 OF 2023 (GM-RES) BETWEEN: MS. VIJAYALAKSHMI AGED ABOUT 66 YEARS DAUGHTER OF D. B. KRISHNA RAO RESIDING AT NO. 345, 4TH MAIN ROAD KODIGEHALLI TATANAGAR KODIGEHALLY, BENGALURU-560 092. …PETITIONER (BY SRI. VENKATRAMANA M K., ADVOCATE) AND: 1. INDIA INFOLINE HOME FINANCE LTD., HAVING ITS BENGALURU BRANCH OFFICE AT NO. 109, GROUND FLOOR SOMA MERIT, VENKATASWAMY NAIDU STREET TASKER TOWN, SHIVAJINAGAR BENGALURU-560 051 REP. BY ITS AUTHORIZED OFFICER. 2. MANJUNATH T KABADI MAJOR S/O OF TULSIDAS KABADI R/AT NO. 17, 15TH MAIN ROAD RIECHS LAYOUT, J.C. NAGAR KURUBARAHALLY MAHALAKSHMIPURAM LAYOUT BENGALURU-560 086. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ISSUANCE OF SALE CERTIFICATE DATED 21.04.2023 BY THE FIRST RESPONDENT IN FAVOUR OF R-2 AND THEREBY REGISTERED THE SAME AS DOCUMENT NO. YPR-1 00704/2023-24 DTD 24.04.2023 BEFORE THE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25963 WP No. 21165 of 2023 SENIOR SUB REGISTRAR RAJAJINAGAR (YESHWANTHAPUR) BENGALURU VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Petitioner is essentially aggrieved by the recovery process initiated by the respondent No.1 under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act. 2. Learned counsel for the petitioner submitted that the petitioner had already initiated the proceedings before the DRT under the SARFAESI Act, which has resulted in dismissal and as against which, the petitioner has already filed an appeal, which is pending before the DRAT. 3. Since parallel proceedings are not permissible and effective remedy is provided under SARFAESI Act, after arguing the matter for sometime, learned counsel for the petitioner seeks liberty to urge the grounds in the pending - 3 - HC-KAR NC: 2026:KHC:25963 WP No. 21165 of 2023 proceedings or by initiating separate proceedings as provided under the SARFEASI Act. He also seeks for a direction for consideration of exemption of time consuming in prosecuting the present petition. 4. Submissions placed on record. 5. Keeping open all the questions to be urged in the pending proceedings or to the proceedings to be initiated, if so advised, this writ petition is dismissed. 6. The time consumed in prosecuting this writ petition shall be considered for exemption if an appeal/application is filed within a period of 30 days from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE DM List No.: 1 Sl No.: 18