- 1 - HC-KAR CNR: KAHC010346782024 NC: 2026:KHC:51704-DB WA No. 932 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT APPEAL NO. 932 OF 2024 (GM-RES) BETWEEN: SMT. SUMERA SULTANA W/O NASIR AHMED AGED ABOUT 35 YEARS NO.85, 1ST CROSS, SAHAYADRI LAYOUT DORASANI PALYA, AREKERE BANGALORE-560 076 …APPELLANT (BY SRI. PRABAL P.S, ADVOCATE FOR SRI. SAILESH S K, ADVOCATE) AND: 1. NASIR AHMED S/O NISAR AHMED AGED ABOUT 44 YEARS NO.10, AYODHYA NAGAR J.P. NAGAR 5TH PHASE BANGALORE-560 078 2. BAJAJ FINANCE LIMITED 3RD FLOOR, PRESTIGE TOWERS RESIDENCY ROAD BANGALORE-560 025 REP. BY ITS AUTHORIZED OFFICER …RESPONDENTS (BY SRI. A. S. KULKARNI, ADVOCATE FOR R1; SRI. V. SURESH, ADVOCATE FOR R2) Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010346782024 NC: 2026:KHC:51704-DB WA No. 932 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP No.16470/2023 DATED 25.04.2024 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is preferred against the judgment and order of the learned Single Judge dated 25.04.2024 passed in W.P.No.16470/2023. The writ petition had been filed seeking to quash the possession notice at Annexure-A dated 17.05.2023, insofar as the schedule property was concerned, and seeking a further direction to respondent No.2 not to evict or eject the petitioner from the suit schedule property. 2. It was noticed by the learned Single Judge and is an admitted fact, that the loan was taken by respondent No.1 from respondent No.2-Bank. The contention of the - 3 - HC-KAR CNR: KAHC010346782024 NC: 2026:KHC:51704-DB WA No. 932 of 2024 appellant was that she was in possession of a residential house which was mortgaged by respondent No.1 to respondent No.2. 3. It is submitted that an amicable settlement had been arrived at and that the petitioner had undertaken to make the payments to the Bank in three instalments. However, learned counsel for the appellant now submits that, in case the amounts are being paid by the appellant, the documents relating to the mortgage of the property have to be handed over to the appellant to permit her to reside in the property. 4. We are of the opinion that such a direction cannot be issued in these proceedings. In any view of the matter, since the challenge raised was against the possession notice, we are of the opinion that these contentions cannot be agitated in an appeal preferred against the disposal of the writ petition on the basis of the undertaking furnished by the petitioner. - 4 - HC-KAR CNR: KAHC010346782024 NC: 2026:KHC:51704-DB WA No. 932 of 2024 5. In the above view of the matter, we are of the opinion that there is no error in the judgment which requires correction in this intra Court appeal at the instance of the appellant herein. 6. The appeal is accordingly dismissed, without prejudice to the contentions of all parties. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE SMC List No.: 1 Sl No.: 11