- 1 - HC-KAR NC: 2026:KHC:673 WP No. 5315 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 5315 OF 2024 (GM-DRT) BETWEEN: 1. SMT SHIVAMMA NAGAIAH W/O NAGAIAH AGED ABOUT 40 YEARS RESIDING AT PADARAHALLI VILLAGE HARISANDRA POST, KASABA HOBLI RAMANAGARA TALUK RAMANGARA DISTRICT 560 160. 2. SRI NAGAIAH S/O LATE BILYBOVI AGED ABOUT 51 YEARS RESIDING AT PADARAHALLI VILLAGE HARISANDRA POST, KASABA HOBLI RAMANAGARA TALUK RAMANGARA DISTRICT 560160 …PETITIONERS (BY SRI. KALLESHAPPA K S., ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:673 WP No. 5315 of 2024 AND: M/S THE CAN FIN HOUSE LTD., NON BANKING FINANCE COMPANY INCORPORATED UNDER COMPANIES ACT 1956 REGULATED UNDER THE PROVISIONS OF THE NATIONAL HOUSING BANK ACT 1987 HAVING ITS BRANCH OFFICE AT No. 1106/624/1, 1ST FLOOR SADVI COMPLEX VIVEKANANDANAGAR BM ROAD RAMANAGARA DISTRICT 562159 REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI. MANJUNATH C., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-B DATED 14.2.24 ISSUED BY THE RESPONDENT FOR TAKING THE POSSESSION OF THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ***** - 3 - HC-KAR NC: 2026:KHC:673 WP No. 5315 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners filed this writ petition seeking a writ of certiorari for quashing Annexure-B dated 14.02.2024 issued by the respondent for taking the possession of the schedule property. 2. Brief facts, leading rise to the filing of this writ petition are as follows: 3. Petitioner No.1 obtained the loan of Rs.8,00,000/- from the respondent finance company, and due to some financial problems the petitioner could not repay the loan. The respondent finance company issued a possession notice on 14.02.2024 for taking the possession of the schedule property and thereafter, issued a notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for brevity), and passed the order. - 4 - HC-KAR NC: 2026:KHC:673 WP No. 5315 of 2024 4. The respondent finance company filed a petition under Section 14 of the SARFAESI Act in Criminal Miscellaneous No.128 of 2023 on the file of the learned Principal Senior Civil Judge and CJM, Ramanagara, seeking an order to enable it to take physical possession of the property as described in the schedule to the petition. 5. Learned Principal Senior Civil Judge and CJM vide order dated 17.01.2024, allowed the petition. Pursuant to the order passed in the said Criminal Miscellaneous petition, the respondent issued a final vacate notice vide Annexure-B. The petitioner aggrieved by the same, filed this writ petition. 6. Heard the learned counsel for the petitioners and learned counsel for the respondent. 7. Learned counsel for the petitioners submits that the notice issued under Section 13(2) and Section 13(4) of the SARFAESI Act was not served on the petitioner. The Order passed in Criminal Miscellaneous No.128 of 2023 is arbitrary and - 5 - HC-KAR NC: 2026:KHC:673 WP No. 5315 of 2024 erroneous. Hence, on these grounds, he prays to allow the writ petition. 8. Per contra, learned counsel of the respondent submits that pursuant to the order passed in Crl.Misc.No.128 of 2023, the respondent Bank issued an impugned notice calling upon the petitioner to vacate, and hand over the vacant possession of the petition mentioned property immediately. The action of the respondent finance company is in accordance with the provisions of the SARFAESI Act. Hence, on these grounds, he prays to dismiss the writ petition. 9. Perused the records, and considered the submissions of the learned counsel for the parties. 10. It is an undisputed fact that the petitioner obtained a loan from the respondent finance company, and committed a default in its repayment. The respondent initiated the recovery proceedings under the SARFAESI Act. The petitioner to take possession of the property in question, filed a petition under Section 14 of the SARFAESI Act on the file of the - 6 - HC-KAR NC: 2026:KHC:673 WP No. 5315 of 2024 learned Principal Senior Civil Judge and CJM, Ramanagara. 11. Learned Principal Senior Civil Judge vide order dated 17.01.2024, allowed the petition filed by the respondent finance company and appointed Sri. Naveen Kumar Advocate as a court commissioner to take the physical possession of the secured asset and to deliver the same to the respondent finance company. The court commissioner was also directed to take the possession of the petition schedule property towards the satisfaction of the due of the respondent from the petitioners with the assistance of jurisdictional police. The petitioners have not challenged the order passed in the Criminal Miscellaneous Petition. The respondent finance company issued notice vide Annexure-B calling upon the petitioners to vacate and hand over the possession of the petition property. Pursuant to the order passed in Crl.Misc.No.128/2023, the petitioners - 7 - HC-KAR NC: 2026:KHC:673 WP No. 5315 of 2024 instead of vacating the secured asset have filed this writ petition. 12. As observed above, the order passed in the Criminal Miscellaneous No.128 of 2023 has attained a finality. There is no legal impediment for the respondent finance company to execute the order passed in Criminal Miscellaneous No.128 of 2023. The impugned notice was issued pursuant to the order passed in Crl.Misc.No.128 of 2023 which is in accordance with the provisions of SARFAESI Act. Hence, I do not find any grounds to entertain the writ petition. 13. Accordingly, I proceed to pass the following order: ORDER The writ petition is dismissed. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV