- 1 - HC-KAR NC: 2026:KHC:6240 WP No. 2719 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. 2719 OF 2026 (GM-DRT) BETWEEN: 1. SRI ANNAPPA P SON OF PUTTAPPA, AGE 52 YEARS, RESIDING AT NO.22, 3RD MAIN, 4TH CROSS, N.S. PALYA, BTM 2ND STAGE, BANNERUGHATTA ROAD, BENGALURU-560 076. 2. SRI. SURENDRANATHA T G, SON OF GOPALAPPA, AGED 50 YEARS, RESIDING AT NO.22, 3RD MAIN, 4TH CROSS, N.S. PALYA, BTM 2ND STAGE, BANNERUGHATTA ROAD, BENGALURU-560 076. 3. SRI. T. RANGANATHAN, SON OF THIRUAPATHI, AGED 40 YEARS, RESIDING AT NO.22, 3RD MAIN, 4TH CROSS, N.S. PALYA, BTM 2ND STAGE, BANNERUGHATTA ROAD, BENGALURU-560 076. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6240 WP No. 2719 of 2026 4. SRI.M.UMESHA SON OF MAYANNA AGED 52 YEARS, RESIDING AT NO.22, 3RD MAIN, 4TH CROSS, N.S. PALYA, BTM 2ND STAGE, BANNERUGHATTA ROAD, BENGALURU-560 076. 5. SRI. PEDDANNAGARI ELIYAZAR, SON OF PEDDANNAGARI CHINNA VENKATESHU, AGED 34 YEARS, RESIDING AT NO.22, 3RD MAIN, 4TH CROSS, N.S. PALYA, BTM 2ND STAGE, BANNERUGHATTA ROAD, BENGALURU-560 076. 6. SRI. SUDHAKARA S, SON OF SRINIVASA, AGED 60 YEARS, RESIDING AT NO.22, 3RD MAIN, 4TH CROSS, N.S. PALYA, BTM 2ND STAGE, BANNERUGHATTA ROAD, BENGALURU-560 076. 7. SRI. A.C. BORAIAH SON OF CHIKKA BORAIAH, AGED 47 YEARS RESIDING AT NO.22, 3RD MAIN, 4TH CROSS, N.S. PALYA, BTM 2ND STAGE, BANNERUGHATTA ROAD, BENGALURU-560 076. …PETITIONERS (BY SRI. CHANDRAIAH., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:6240 WP No. 2719 of 2026 AND: 1. STATE BANK OF INDIA RETAIL ASSETS CENTRAL PROCESSING CENTRE, MALLESHWARAM, NO.97, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, SHESHADRIPURAM, BENGALURU-560 020, REPRESENTED BY AUTHORISED OFFICER, MR. MANJU, AGED ABOUT 50 YEARS 2. SMT. A B PRABHAVATHI, WIFE OF MR. B. SRINIVAS, AGED ABOUT 60 YEARS, RESIDING AT NO.22, 3RD MAIN, 4TH CROSS, BTM 2ND STAGE, N.S. PALYA, BTM BANNERUGHATTA ROAD, BENGALURU-560 076. 3. MR. NAGARAJAIAH N, SON OF LATE ASWATHANARAYAPPA, AGED ABOUT 65 YEARS, R/AT NO.69, 12TH MAIN ROAD, NEAR DODDAMMA TEMPLE SHIVANAGARA, RAJAJINAGARA, BENGALURU-560 010. ALSO AT MR. NAGARAJAIAH N, SON OF LATE ASWATHANARAYAPPA, AGED ABOUT 65 YEARS, R/AT NO.22, PROPERTY NO.44 AND 44A, PID NO.63-375-22, 3RD MAIN ROAD, SOUTHERN PORTION, RASTRA KAVI KUVEMPU NAGARA, N.S. PALYA, BTM LAYOUT, BENGALURU-560 076. - 4 - HC-KAR NC: 2026:KHC:6240 WP No. 2719 of 2026 4. MRS. VEENA A N WIFE OF RAGHAVENDRA M. J, AGED ABOUT 40 YEARS, R/AT NO.69, 21TH MAIN ROAD, NEAR DODDAMMA TEMPLE SHIVANAGARA, RAJAJINAGARA, BENGALURU-560 010. ALSO AT MRS. VEENA A.N. WIFE OF RAGHAVENDRA M. J, AGED ABOUT 40 YEARS, NO.15/2, 4TH MAIN, 6TH CROSS, AGRAHARA DASARAHALLI, BASAVESHWARANAGARA, BENGALURU-560 079. ALSO AT MRS. VEENA A.N. WIFE OF RAGHAVENDRA M. J, AGED ABOUT 40 YEARS, AVERY DENNISON INDIA PVT. NO.70/91, 7TH MAIN ROAD, 3RD PHASE, PEENYA INDL. AREA, BENGALURU-560 058. ALSO AT MRS. VEENA A.N. WIFE OF RAGHAVENDRA M. J, AGED ABOUT 40 YEARS, AVERY DENNISON INDIA PVT. PLOT NO.6/B, 1ST MAIN ROAD, PHASE-I, KIADB LOUT, PEENYA INDL. AREA, BENGALURU-560 058. ALSO AT MRS VEENA A N WIFE OF RAGHAVENDRA M. J, AGED ABOUT 40 YEARS, R/AT NO.22, PROPERTY NO.44 AND 44A, PID NO.63-375-22 3RD MAIN ROAD, SOUTHERN PORTION, - 5 - HC-KAR NC: 2026:KHC:6240 WP No. 2719 of 2026 RASTRA KAVI KUVEMPU NAGARA, N.S. PALYA, BTM LAYOUT, BENGALURU-560 076. …RESPONDENTS (BY SRI. TULASI KUMAR, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH/ SUSPEND ACTION OF THE R1 PURSUANCE OF THE IMPUGNED NOTICE DATED 18.12.2025 ANNX-A TILL THE PETITIONERS DEPOSITED AMOUNTS IS PAID TO THEM BY THE RESPONDENTS OR TO EVICT THEM BY DUE PROCESS OF LAW NOW IN FORCE. 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 possession notice dated 18.12.2025 under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 vide Annexure ‘A’. 2. The petitioners have an equal efficacious remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the - 6 - HC-KAR NC: 2026:KHC:6240 WP No. 2719 of 2026 SARFAESI Act’). The writ petition filed by the petitioners is not maintainable in view of the proposition laid down by the Hon'ble Apex Court in case of Rikhab Chand Jain vs. Union of India1. 3. In view of the same, I proceed to pass the following order: ORDER (i) The writ petition is dismissed. (ii) A liberty is reserved to the petitioners to approach the Debts Recovery Tribunal. (iii) Meanwhile, the respondent-Bank is directed not to take any coercive steps against the petitioners for a period of one month from today. (iv) The Registry is directed to return the original/certified copy of the possession notice to the 1 In Civil Appeal No.6719 of 2012 disposed of on 12.11.2025 (Reported in 2025 SCC Online SC 2510) - 7 - HC-KAR NC: 2026:KHC:6240 WP No. 2719 of 2026 petitioners after retaining the photocopy of the same. (v) Pending applications, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 49