Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:28815 WP No. 16249 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16249 OF 2026 (GM-DRT) BETWEEN:
M.NANJUNDAIAH, S/O. LATE M.MALLESHAPPA, AGED ABOUT 56 YEARS, RESIDING AT NO.1653, 2ND MAIN, KAVERY NAGAR, V.V.EXTENTION, HOSAKOTE-562114. …PETITIONER (BY SRI. VINAYA KUMAR N.D., ADVOCATE)
AND:
THE AUTHORIZED OFFICER, LIC HOUSING FINANCE LTD., BACK OFFICE, NO.15/1, HAYES CENTRE, HAYES ROAD, BENGALURU -560025. …RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:28815 WP No. 16249 of 2026
ORAL ORDER Sri.Vinaya Kumar N.D., counsel for the petitioner appeared in person.
2. This petition is filed seeking following reliefs: (i) Issue a writ, order, direction, writ of certiorari quashing the impugned possession notice dated 15.05.2026 in respect of loan account No.412100001400 vide Annexure A. (ii) Grant such other reliefs as this Hon'ble Court deems fit, in the interest of justice and equity.
3. Counsel for the petitioner urged several contentions. Heard the arguments and perused the papers with care.
4. The respondent had issued a demand notice under 13(2) of the SARFAESI Act, 2002 on 21.03.2024, thereafter the possession notice was issued on 15.05.2026. The petitioner's grievance is about the issuance of the possession notice. The relief sought by the petitioner cannot be granted under writ 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. The litigants are not remediless, as the
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HC-KAR NC: 2026:KHC:28815 WP No. 16249 of 2026
Tribunal has been established specifically to adjudicate the lis. 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
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