- 1 - HC-KAR CNR: KAHC010661712026 NC: 2026:KHC:53255 WP No. 30165 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 30165 OF 2026 (GM-DRT) BETWEEN: 1. THARUN T.K. S/O T. KUMARESH BABU, AGE ABOUT 40 YEARS, 2. CHAYA K S/O T. KUMARESH BABU, AGE ABOUT 40 YEARS, BOTH ARE R/ANO 871, 3RD CROSS, 7TH MAIN, HAL 2ND STAGE, INDIRANAGAR, BANGALORE – 560 008 …PETITIONERS (BY SRI. IRFANA NAZEER.,ADVOCATE) AND: 1. SRI GURU RAGAVENDRA SAHAKARA BANK NIYAMITHA A CO OPERATIVE BANK, REPRESENTED BY ITS AUTHORIZED OFFICER, HAVING ITS OFFICE AT NO 15, SUBBARAMA CHETTY ROAD, NETTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU - 560 004 2. T.KUMARESH BABU S/O LATE P.M.THAMMAIAH AGE ABOUT YEARS R/AT NO 77, 7TH CROSS, - 2 - HC-KAR CNR: KAHC010661712026 NC: 2026:KHC:53255 WP No. 30165 of 2026 SOMESHWARAPURA, JOGURAPALYA, HALASURU, BENGALURU - 560 008 3. SARALA C/O T.KUMARESH BABU AGE ABOUT 63 YEARS R/AT NO 77, 7TH CROSS, SOMESHWARAPURA, JOGURAPALYA, HALASURU, BENGALURU - 560 008 4. T.K.MATHEESH S/O LATE B.M.CHANDRASHEKAR, AGE ABOUT 40 YEARS, R/AT NO M 95, 9TH B MAIN, XI SECTOR, L I C COLONY, J P NAGAR, BENGALURU - 560 075. 5. LAKSHMANA S/O N.G.GAVISIDDAPPA, R/AT NO 50,4TH CROSS, BANK OF BARODA COLONY, J.P.NAGAR, 7TH PHASE, NANJAPPA COMPOUND, BANGALORE – 560 076. 6. PRABHU N D S/O LATE N G PRABHU R/ATNO 40 , 2ND MAIN, BSK 5TH STAGE, BANGALORE - 560 061. 7. NARAYANA MURTHY M S/O S MUNIYAPPA R/AT NO G-4, 1ST STREET, ULSOOR, BANGALORE - 560 008. 8. RAMA S/O GAVISIDDAPPA, R/AT NO 27, MANOHAR NILAYA, - 3 - HC-KAR CNR: KAHC010661712026 NC: 2026:KHC:53255 WP No. 30165 of 2026 KONNAPPANAGRAHARA, ELECTRONIC CITY, BANGALORE - 560100 …RESPONDENTS (BY SRI. V. LAVA, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE E-AUCTION NOTICE, DATED 07.09.2026 ISSUED BY RESPONDENT NO.1 UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 R/W RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 (AT ANNEXURE - F). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed seeking for the following reliefs: " A. Issue an appropriate writ, order or direction, quashing the E-Auction Notice, dated 07.09.2026 issued by Respondent No.1 under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 r/w Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 (at ANNEXURE - F); B. Direct the Respondent No.1 to exclude the suit schedule properties from the recovery and enforcement proceedings initiated against Respondent Nos.2 to 4, in view of the Petitioners prior rights and the Judgment and Decree passed in O.S. No.25822/2018; Vide Annexure-D. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010661712026 NC: 2026:KHC:53255 WP No. 30165 of 2026 C. Grant such other relief or reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. " 2. The petitioners seek to assail the proceedings initiated by the first respondent-Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021 on the basis of the judgment and decree dated 14.08.2024 passed in OS No.25822/2018 of by the XXVIII Additional City Civil and Sessions Judge (CCH-29), Mayo Hall, Bengaluru2 (Annexure- D to the writ petition). 3. It is the contention of the petitioners that they have been declared to be the absolute owners of the property against which the proceedings have been initiated under the provisions of the Act. It is the further contention of the petitioners that apart from the auction notice dated 07.09.2026 (Annexure F to the writ petition) 1 Hereinafter referred as to 'Act' 2 Hereinafter referred to as 'Trial Court' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010661712026 NC: 2026:KHC:53255 WP No. 30165 of 2026 that was affixed in the property in question, the petitioners did not have knowledge of the mortgage created or the credit facilities availed with regard to the property in question. 4. It is the vehement contention of the learned counsel for the petitioners that the manner of assertion of right, title and interest by the alleged borrowers/guarantors of the credit facilities is itself contrary to the judgment and decree passed in OS No.25822/2018, whereunder the petitioners have been declared to be the absolute owners of the property in question. 5. It is clear and forthcoming from the manner of assertion of right, title and interest on behalf of the petitioners that the disputed questions of fact are sought to be asserted by the petitioners in the present proceedings. Further, if the petitioners are aggrieved by Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 6 - HC-KAR CNR: KAHC010661712026 NC: 2026:KHC:53255 WP No. 30165 of 2026 the proceedings initiated under the provisions of the Act, remedies are available to the petitioners under the provisions of the Act. 6. In view of the aforementioned, the present writ petition stand is dismissed. 7. This order will not preclude the petitioners from availing remedies as permissible under law. 8. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE Vmb List No.: 1 Sl No.: 53 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA