- 1 - HC-KAR NC: 2026:KHC:6425 WP No. 61037 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 61037 OF 2016 (GM-RES) BETWEEN: 1. MR. PRASHANTH MACHAIAH AGED ABOUT 50 YEARS S/O LATE PODANOLANDA MACHAIAH REPRESENTED BY SPA HOLDER P2 2. MRS NEETU MACHAIAH AGED ABOUT 42 YEARS 2/O MR PRASHANTH MACHAIAH BOTH RESIDING AT NO.102 BRIGADE PARKWAY, #2636 2ND MAIN, V.V. MOHALLA MYSORE - 570 002. …PETITIONERS (BY SRI. SYED KHAMRUDDIN .,ADVOCATE) AND: 1. SRI VAASUDEVAN G AGED ABOUT 22 YEARS S/O SRI B V GOPINATH 2. SRI B V GOPINATH AGED ABOUT 47 YEARS S/O SRI VISHWANATH Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6425 WP No. 61037 of 2016 BOTH RESIDING AT NO.35/1 2ND FLOOR, 2ND CROSS CAMBRIDGE ROAD, ULSOOR BANGALORE-560 008. 3. CORPORATION BANK DOMLUR LAYOUT BRANCH NO.294, 7TH CROSS DOMLUR LAYOUT BANGALORE-560 071 REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENTS (V/O DATED 22.07.2025, R1 7 R2 ARE DELETED FROM THE ARRAY OF PROCEEDINGS; BY SRI. V B RAVISHANKAR.,ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO RESTORE THE PHYSICAL POSSESSION OF THE SCHEDULE APARTMENT TO THE PETITIONERS FORTHWITH; DIRECT R-3 TO PAY TO THE PETITIONERS THE AMOUNT LOST BY WAY OF DAMAGES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:6425 WP No. 61037 of 2016 ORAL ORDER Petitioner who claimed to have purchased the petition schedule property from respondent Nos.1 and 2 in terms of registered deed of sale dated 22.07.2013 is before this Court seeking following reliefs: ''1. Directing the respondent No.3 Bank to restore the physical possession of the Schedule Apartment to the Petitioners forthwith. 2. Directing the respondent No.3 Bank to pay to the Petitioners the amount lost by way of damages. 3. Direct the respondent No.3 Bank to pay the costs of this petition.'' 2. Learned counsel for the petitioner submits that the petition schedule property has not been offered as a security against any financial transaction, on behalf of respondent Nos.1 and 2 in favour of respondent No.3-Bank. He further submits in the absence of petition schedule property, being subject matter of any financial transaction, respondent No.3-Bank without any notice or information to the petitioner has taken physical possession of the property. However, he submits that possession of the property was taken by respondent No.3-Bank purportedly in exercise of the powers conferred under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. Petitioner having no other effective alternate remedy - 4 - HC-KAR NC: 2026:KHC:6425 WP No. 61037 of 2016 was constrained to approach this Court. Hence, seeks for allowing of the petition. 3. Heard and perused the records. 4. As submitted by the learned counsel for the petitioner, if the possession of the property has been taken by the respondent No.3-Bank in purported exercise of power under the provisions of the SARFAESI Act, 2002, effective remedy to the petitioner who is aggrieved by the same is under Section 17 of SARFAESI Act, 2002. 5. Reserving liberty to the petitioner to approach the Competent Authority under Section 17 of the SARFAESI Act, 2002. 6. Keeping open all the questions to be urged, petition is disposed of. 7. Time consumed in prosecuting the present petition, be exempted for the purpose of limitation. Sd/- (M.G.S. KAMAL) JUDGE RL/- List No.: 1 Sl No.: 5