- 1 - HC-KAR NC: 2026:KHC:27478 WP No. 12621 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 12621 OF 2025 (GM-DRT) BETWEEN: 1. VIJAYAVANI SHETTY, W/O. MOHANDAS SHETTY, AGED ABOUT 45 YEARS, 2. MOHANDAS SHETTY, S/O. THIMMAPPA SHETTY, AGED ABOUT 47 YEARS, BOTH ARE RESIDING AT MANSOOR HOUSE, THUMBE VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA, KA-574143. …PETITIONERS (BY SMT. KAVITHA N., ADVOCATE) AND: UNION BANK OF INDIA, THUMBE BRANCH, REPRESENTED BY ITS CHIEF MANAGER/ AUTHORIZED OFFICER, GROUND FLOOR, EKM COMPLEX, OPP. FATHER MULLAER HOSPITAL, THUMBE, BANTWAL TALUK, DAKSHINA KANNADA, KA-574143. …RESPONDENT (BY SMT. DIVYA PURANDAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27478 WP No. 12621 of 2025 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 The petition is filed seeking following reliefs: (a) Quash the E-Auction Sale Notice dated 05/04/2025 issued by the Authorized Officer, Union Bank of India, Thumbe Branch vide "ANNEXURE-A". (b) Issue directions to the Respondent Bank not to take physical possession without following due process of Law. (c) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity. 2. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 3. The petitioners grievance is about the issuance of a notice under Section 13(4) of the SARFAESI Act. The relief sought by the petitioners cannot be granted under writ - 3 - HC-KAR NC: 2026:KHC:27478 WP No. 12621 of 2025 jurisdiction. The Apex Court has settled the law in a catena of decisions that a possession notice cannot be challenged by filing a writ petition. Moreover, the interim order is also not been complied with by the petitioners. The petition is devoid of merits. 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.: 67