- 1 - HC-KAR NC: 2026:KHC:4187 WP No. 1589 of 2023 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. 1589 OF 2023 (GM-DRT) BETWEEN: 1. SRI D T V N PRASAD S/O LATE CHANDRA RAO AGED 52 YEARS, R/AT NO.4, NELLAKUNTE, NEAR MVIT COLLEGE, BETTAHALASURU, BANGALORE-562 157. 2. SRI.D.S. CHANDRANG S/O SRI S.D.N.PRASAD AGED 27 YEARS, R/AT NO.04, NELLAKUNTE, NEAR MVIT COLLEGE, BETTAHALASURU, BANGALORE-562 157. …PETITIONERS (BY SRI. RAMAPRASAD S N., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4187 WP No. 1589 of 2023 AND: 1. M/S ALTUM CREDO HOME FINANCE LIMITED REGISTERED UNDER SARFAESI ACT REGISTERED OFFICE AT NO.801, 8TH FLOOR, DERON HEIGHS, OPP: MAHABALESHWAR HOTEL BANER MAIN ROAD, ABOVE RANKA JEWELLERS, BANER, PUNE ROAD, MAHARASHTRA-411045. BY ITS MANAGER 2. ALTUM CREDO HOME FINANCE LIMITED REGISTERED UNDER SARFAESI ACT BRANCH OFFICE AT NO.451/1, 1 AND 2ND FLOOR, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM BBMP WARD NO.124, NAGAPURA, BANGALORE-560079 REP. BY ITS AREA COLLECTION MANAGER AND AUTHORIZED OFFICER SRI RAJA MAGADALA. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1 SRI. SURESH V.,ADVOCATE FOR R2 - 3 - HC-KAR NC: 2026:KHC:4187 WP No. 1589 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE ORDER DATED 02/07/2022 IN CRL.MISC.680/2022 BY CJM BENGALURU RURAL PRODUCED AT ANNEXURE-A, CONSEQUENTLY DIRECT THE RESPONDENTS TO HANDOVER THE RE-POSSESSION OF SCHEDULE PROPERTY TO THE PETITIONERS TO STAY IN THE HOUSE AS THE PETITIONERS NOW NOT HAVING HOUSE TO STAY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners have filed this writ petition challenging the order passed in Criminal Misc. No.680 of 2022 dated 02.07.2022 by the learned Chief Judicial Magistrate, Bengaluru Rural District. 2. The said order is appealable under Section 17 of the SARFAESI Act, 2002. - 4 - HC-KAR NC: 2026:KHC:4187 WP No. 1589 of 2023 3. The petitioners, without exhausting the efficacious remedy, have filed this writ petition. Hence, the petition filed by the petitioners is not maintainable. Accordingly, the writ petition is dismissed. 4. Liberty is reserved to the petitioners to challenge the impugned order, if so advised, before the appellate authority. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 3