- 1 - HC-KAR NC: 2026:KHC:25258 WP No. 15947 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15947 OF 2026 (GM-DRT) BETWEEN: SRI. AMRUTH BAIRY, S/O SRI. LATE M. LAKSHMINARAYANA BAIRY, AGED ABOUT 44 YEARS, RESIDING AT NO.39, 1ST MAIN, 1ST STAGE, 6TH PHASE, WEST CHORD ROAD, RAJAJINAGAR, BANGALORE - 560 010. …PETITIONER (BY SRI. ROOPESHA B.,ADVOCATE) AND: CAN FIN HOMES LTD., REPRESENTED BY ITS AUTHORIZED OFFICER/ MANAGER VIDYARANYAPURA NO.964, RR PLAZA, FIRST FLOOR, 2ND BLOCK BEL LAYOUT, VIDYARANYAPURA, BANGALORE - 560 097 …RESPONDENT (BY SRI. D. NARAYANA SWAMY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE POSSESSION NOTICE DATED 04.02.2025 ISSUED BY THE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25258 WP No. 15947 of 2026 RESPONDENT BANK IN RESPECT OF PETITION SCHEDULE PROPERTY VIDE ANNX-D AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to:- i) Issue a Writ of certiorari to quash the Possession Notice dated: 04/02/2025 issued by the respondent bank in respect of petition schedule property vide Annexure - D. ii) Issue a Writ of Mandamus directing the respondent not to proceed with further proceedings in respect of petition schedule property in terms of possession Notice dated:04/02/2025 and to hand over the possession of the petition schedule property. AND iii) Grant such other relief or reliefs as this Hon'ble court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:25258 WP No. 15947 of 2026 2. The present writ petition is filed against CAN FIN Homes Ltd. Earlier, writ petition i.e., W.P.No.7732/2026 filed by the petitioner came up before this Court, by order dated 11.03.2026, this Court observed that, in the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable. This Court had also observed that the petitioner had already approached the DRT by filing an appeal and again he had filed W.P.No.7732/2026. This Court, while dismissing the said writ petition as not maintainable, observed that the conduct of the petitioner can not be appreciated. 3. The present writ petition is filed seeking to quash the possession notice dated 04.02.2025 issued by the respondent-Bank. This is nothing but a pure abuse of the process of law, where the petitioner in spite of an order passed by the Court is repeatedly coming before the Court by filing frivolous and successive writ petitions. Though initially this - 4 - HC-KAR NC: 2026:KHC:25258 WP No. 15947 of 2026 Court is about to dismiss the writ petition with exemplary cost. At the request learned counsel for the petitioner this court is cautioning the petitioner not to come up before this Court with these kind of petitions or else he has to face the consequences. In that view of the matter, this Court is passing the following: ORDER i. The writ petition is dismissed as not maintainable before this Court, in the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE AMA List No.: 1 Sl No.: 34