- 1 - HC-KAR NC: 2026:KHC:5226 WP No. 2393 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2393 OF 2026 (GM-DRT) BETWEEN: SRI. SWAROOP H SHIVAPPA S/O A D SHIVAPPA AGED ABOUT 34 YEARS, NO. 241 ANURGRAHA SOMINAKOPPA ROAD SAHYADRI, SHIMOGA-577201 …PETITIONER (BY SRI. K CHANDRANATH ARIGA., ADVOCATE) AND: 1. ICICI HOME FINANCE REGISTERED OFFICE REP. BY AUTHORISED OFFICER ICICI BANK TOWERS, BANDRA KURLA COMPLES, MUMBAI-400051 HAVING ITS OFFICE AT NO. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5226 WP No. 2393 of 2026 ICICI BRANCH AT 1ST FLOOR, OFFINE NO. 361/2-361/2-1232 JAYACHANDRA BUILDING PB GOWDA COMPOUND 4TH CROSS, PARK EXTENSION, DURGIGUDI SHIMOGA-577201 2. A D SHIVAPPA S/O LATE. BASAVANTHAPPA AGED ABOUT 69 YEARS, NO. 241 ANURGRAHA SOMINAKOPPA ROAD SAHYADRI, SHIMOGA-577201 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE POSSESSION NOTICE DATED 19.12.2025 BEARING NOTICE ID 1557 ISSUED BY THE R1 (ANNX-N). ALLOW THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2026:KHC:5226 WP No. 2393 of 2026 ORAL ORDER 1. The petitioner filed this petition challenging the possession notice dated 19.12.2025 issued by respondent No.1, vide Annexure-N. 2. The petitioner has an equal efficacious remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity ‘SARFAESI Act’). The petitioner, without exhausting an equal efficacious remedy, filed this writ petition. In view of the proposition of law laid down by the Hon'ble Apex Rikhab Chand Jain vs. Union of India in Civil Appeal No.6719/2012 disposed of on 12.11.2025, the writ petition filed by the petitioner is not maintainable. - 4 - HC-KAR NC: 2026:KHC:5226 WP No. 2393 of 2026 3. Accordingly, I proceed to pass the following: ORDER i. The writ petition is dismissed. ii. A liberty is reserved to the petitioner to challenge the impugned notice, if so desired before the appropriate forum. iii. Meanwhile, the respondents are directed not to take any coercive steps against the petitioner for a period of 30 days from today. iv. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS