- 1 - HC-KAR NC: 2026:KHC:6317 WP No. 767 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO.767 OF 2026 (GM-DRT) BETWEEN: 1. M/S. SAI HOME INTERIORS AND EXTERIORS NO.129/18, 1ST A MAIN PROPRIETORSHIP FIRM, SUNKAL FARM ROAD, OPP. AYYAPPA TEMPLE, ADUGODI, BENGALURU-560030 REPRESENTED BY LEGAL HEIRS OF DECEASED PROPRIETOR-H.B. RAMESHBABU i.e., PETITIONERS 2 TO 4. 2. H.Y. PAVITHRA W/O LATE H.B. RAMESH BABU AGED ABOUT 43 YEARS, 3. B.R. HITHESH, S/O LATE H.B. RAMESH BABU AGED ABOUT 22 YEARS, 4. B.R. TARUN, S/O LATE H.B. RAMESH BABU AGED ABOUT 17 YEARS, SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN AND MOTHER PETITIONER NO.2 PETITIONER NOS.2 TO 4 ARE ALL R/AT HOUSE NO.129, I MAIN ROAD, LIG SUNKAL FARM, CORPORATION NO.129-18 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6317 WP No. 767 of 2026 WILSON GARDEN, BENGALURU-560027. …PETITIONERS (BY SRI K.P. BHUVAN, ADVOCATE FOR SRI PRADEEPA S.B., ADVOCATE) AND: ANANDRATHI GLOBAL FINANCE HAVING ITS OFFICE AT: EXPRESS ZONE, A WING, 10TH FLOOR, WESTERN EXPRESS HIGHWAY, GOREGAON (EAST), MUMBAI-400063, MAHARASHTRA REPRESENTED BY ITS MANAGER/ AUTHORIZED OFFICER. …RESPONDENT (BY SRI K.V. LOKESH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTORARI TO QUASH THE IMPUGNED EX-PARTE POSSESSION ORDER DATED 29.11.2025 PASSED BY THE LEARNED 48TH ACJM IN CRL. MISC.7779/2025 VIDE ANNEXURE-H AND IMPUGNED E-AUCTION SALE NOTICE DATED 22.12.2025 ISSUED BY THE RESPONDENT– INSTITUTION VIDE ANNEXURE-A; ISSUE A WRIT IN THE NATURE OF THE MANDAMUS DIRECTING RESPONDENT- INSTITUTION TO REGULARIZE THE LOAN ACCOUNT BEARING NO.APPL00002981 VIDE ANNEXURE-D FOR PAYMENT OF MONTHLY EMI. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6317 WP No. 767 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition challenging the possession order dated 29.11.2025 passed by the learned 48th Addl. Chief Judicial Magistrate in Crl.Misc.No.7779/2025 vide Annexure-H and e-auction sale notice dated 22.12.2025 issued by the respondent-Institution vide Annexure-A; and also sought a mandamus directing the respondent-Institution to regularise the loan account No.APPL00002981 vide Annexure-D for payment of monthly EMI. 2. This Court, by order dated 27.01.2026, granted an interim order directing the petitioners to deposit ₹4,00,000/- within a week, failing which the respondent shall confirm the sale proceedings. The petitioners have deposited ₹4,00,000/- and filed a memo to that effect. 3. Memo is taken on record. 4. Admittedly, the impugned order is an appealable order. The petitioners, without exhausting the efficacious remedy, filed this writ petition. In view of the proposition laid - 4 - HC-KAR NC: 2026:KHC:6317 WP No. 767 of 2026 down by the Hon'ble Apex Court in case of Rikhab Chand Jain Vs. Union of India and Others1, the writ petition filed by the petitioners is not maintainable. Hence, I do not find any grounds to entertain the writ petition. 5. Accordingly, this petition is disposed of reserving a liberty to the petitioners to avail the appropriate remedy before the appropriate forum. 6. In the meanwhile, the respondent is directed not to take any coercive steps against the petitioners for a period of 60 days from today. 7. In view of disposal of the petition, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 15 1 2025 SCC OnLine SC 2510