- 1 - HC-KAR NC: 2026:KHC:4633 WP No. 2033 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2033 OF 2026 (GM-DRT) BETWEEN: SMT ZUBEDA KHATOON W/O AURANGZEB, AGED ABOUT 59 YEARS, R/AT. NO.72, RAMANALLI VILLAGE, BLOCK-3, WARD NO.24, GOWRIKALUVE EXTENSION, SINGARI BLOCK, CHIKMAGALUR CITY-577 101. …PETITIONER (BY SRI. HARISH KUMAR M C., ADVOCATE) AND: 1. KARNATAKA MAHILA SAHAKARA BANK LTD HEAD OFFICE BRANCH CHIKKMAGALURU, NEAR SHANKAR MUTT, BASAVANAHALLI MAIN ROAD, CHIKKMAGALURU -577 101, REPRESENTED BY ITS, AUTHORISED OFFICER GENERAL MANAGER, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4633 WP No. 2033 of 2026 K.M.S. BANK LTD, CHIKKAMAGALURU-577101. 2. SMT. ROOHI SHAIK, AGED ABOUT 36 YEARS, W/O. SRI. ZAMEER AHMED, 3. SRI. ZAMEER AHMED AGED ABOUT 45 YEARS, S/O. SRI. C.G. NASEER AHMED, R2 AND R3 ARE R/AT MARKET ROAD, CHIKKAMAGALURU-577 101. …RESPONDENTS (BY SRI. B C MAHENDRA, ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH ORDER DATED ORDER DATED 25.11.2025 IN CRL. MISC.170/2025 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT CHIKKAMAGALURU UNDER SECTION 14 OF THE SECURITIZATION ACT 2002 AGAINST THE PETITIONER (ANNEXURE-A); CONSEQUENTLY, TO RESTORE THE POSSESSION OF THE SCHEDULE PROPERTY TAKEN BY THE RESPONDENT BANK ON 22.12.2025, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4633 WP No. 2033 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this petition challenging the order dated 25.112025 passed in Crl.Misc.No.170/2025 by the learned Principal Senior Civil Judge and CJM, Chikkamagaluru (‘Magistrate Court’ for short). 2. The impugned order is appealable under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner, without exhausting equal efficacious remedy, filed this writ petition. Hence, the petition filed by the petitioner is not maintainable in view of the exposition of law laid down by the Hon’ble Apex Court in the case of Rikhab Chand Jain Vs. Union of India and Others1. 3. Accordingly, the writ petition is dismissed, reserving liberty to the petitioner to challenge the 1 2025 SCC OnLine SC 2510 - 4 - HC-KAR NC: 2026:KHC:4633 WP No. 2033 of 2026 impugned order before the appropriate forum, if so advised. 4. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 42