- 1 - HC-KAR CNR: KAHC010521752022 NC: 2026:KHC:50324 WP No. 22519 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 22519 OF 2022 (GM-DRT) BETWEEN: 1. M/S E M TRADERS PROPRIETORSHIP FIRM PROP. SHRI D M NIJALINGAPPA AGED 47 YEARS KRISHNA ROAD, YADAVANAGARA BEHIND SILK BOARD GEDDANAHALLI MAIN ROAD TUMAKURU - 572 101 ALSO AT SHRI D M NIJALINGAPPA S/O DODDA MUTHAIAH ADALAPURA HOBLI HALANUR POST TUMAKURU. …PETITIONER (BY SRI. RAJENDRA .M.A, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE TUMAKURU DISTRICT TUMAKURU-572 101. 2. THE AUTHORISED OFFICER STATE BANK OF INDIA SIDDAGANG EXTENSION BRANCH Digitally Signed By: SACHIN SHANKAR MAGADUM Verified Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010521752022 NC: 2026:KHC:50324 WP No. 22519 of 2022 B H ROAD TUMAKURU-572 101. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SMT. SHEELA DEEPAK, ADVOCATE FOR C-R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANK FROM PROCEEDING FURTHER TO TAKE POSSESSION OF THE SCHEDULE PROPERTY, BASED ON THE ORDER PASSED BY HONBLE DC, U/S 14 OF SARFAESI ACT WHICH IS RESIDENTIAL HOUSE, TILL THE APPEAL FILED BEFORE THE HONBLE DRAT, CHENNAI IS HEARD AND APPROPRIATE ORDER IS PASSED (ANNEXURE-A); AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Captioned petition is filed by the borrower seeking writ in the nature of mandamus directing the respondents not to take possession of the suit schedule property pending consideration of the appeal filed before the debt recovery appellate Tribunal, Chennai. 2. This petition is kept pending since 2022. The petitioner has already preferred an appeal before the appellate Tribunal. He has to work out his remedies in the Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010521752022 NC: 2026:KHC:50324 WP No. 22519 of 2022 appeal, if pending. No reliefs can be granted in the captioned petition. The petition is liable to be dismissed and accordingly, dismissed. (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 38 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified