- 1 - HC-KAR NC: 2026:KHC:4725 WP No. 3729 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3729 OF 2025 (GM-DRT) BETWEEN: 1. SMT SAVITHA ASHA W/O MR. ANTHONY PRAKASH RAJ, AGED ABOUT 44 YEARS, RESIDING AT NO.510/A, 13TH CROSS, 3RD BLOCK, VISHWAPRIYANAGAR, BEGUR, BANGALORE DISTRICT- 560068 2. ANJELINE RIYONA A, AGED ABOUT 21 YEARS, RESIDING AT NO.510/A, 13TH CROSS, 3RD BLOCK, VISHWAPRIYANAGAR, BEGUR, BANGALORE DISTRICT- 560068 …PETITIONERS (BY SRI. P.P. HEGDE, SR. ADVOCATE FOR SRI. BASAVARAJ HALLAD AND AKSHAY KUMAR JAIN., ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4725 WP No. 3729 of 2025 AND: 1. M/S CAN FIN HOMES LTD REPRESENTED BY ITS AUTHORISED OFFICER OFFICE AT NO.464, 22ND CROSS, III BLOCK, JAYANAGAR, BANGALORE-11 A COMPANY INCORPORATED AS PER PROVISIONS OF COMPANIES ACT, 1956 2. MR. ANTHONY PRAKASH RAJ, S/O MR. JOSEPH, AGED ABOUT 47 YEARS, NO.510/A, 13TH CROSS, 3RD BLOCK, VISHWAPRIYANAGAR, BEGUR, BANGALORE DISTRICT- 560068 …RESPONDENTS (BY SRI. NARAYANA SWAMY D., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DTD. 28.01.2025 ISSUED BY THE R-1 AS PER RULE 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 VIDE ANNX-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4725 WP No. 3729 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners filed this petition challenging the possession notice dated 28.01.2025 issued by respondent No.1 as per Rule 8(1) of the Security Interest (Enforcement) Rules, 2002, vide Annexure-C. 2. The petitioners have an equal efficacious remedy under Section 17 of the (for brevity ‘SARFAESI Act’) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioners, without exhausting an 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 petitioners is not maintainable. - 4 - HC-KAR NC: 2026:KHC:4725 WP No. 3729 of 2025 3. Accordingly, I proceed to pass the following: ORDER i. The writ petition is dismissed. ii. A liberty is reserved to the petitioners to challenge the impugned notice, if so desired before the appropriate forum. iii. The respondents are directed not to take any coercive steps for a period of 30 days from today. iv. The petitioners are entitled for benefit under Section 14 of the Limitation Act. v. In view of dismissal of the petition, pending IAs, if any, do not survive for consideration, and they are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV