- 1 - HC-KAR NC: 2026:KHC:2335 WP No. 15450 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 15450 OF 2024 (GM-DRT) BETWEEN: 1. RAJANNA M AGED ABOUT 45 YEARS, S/O. MUNIYAPPA NO.90, BOMMAVARA, DEVANAHALLI TALUK, DEVANAHALLI 562 1101. 2. PRABHAVATHI W/O RAJANNA.M. AGED ABOUT 40 YEARS, NO.90, BOMMAVARA, DEVANAHALLI TALUK, DEVANAHALLI 562 110. 3. CHANDRAPPA S/O NARAYANASWAMY AGED ABOUT 55 YEARS No.76, BOMMAVARA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2335 WP No. 15450 of 2024 DEVANAHALLI TALUK DEVANAHALLI - 562 110 &PETITIONERS (BY SRI. KARUNAKARA P., DVOCATE) AND: M/S NIVARA HOME FINANCE LTD., HAVING ITS OFFICE AT NO.22,23,24, 25/101/3, 3RD FLOOR, BNR COMPLEX, SRI RAMA LAYOUT, OPP: RBI LAYOUT, 7TH PHASE, JP NAGAR, BENGALURU 560 078. &RESPONDENTS (BY SRI. NARAYANA SWAMY D., ADVOCATE FOR SRI. SHARATH KUMAR SHETTY, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH POSSESSION ORDER DATED 05/12/2022 PASSED BY THE CHIEF JUDICIAL MAGISTRATE, BANGALORE RURAL DISTRICT, BANGALORE IN CRL.MIS. NO. 962/2022 AT ANNEXURE-A AND ALL OTHER FURTHER PROCEEDINGS. B) DIRECT THE RESPONDENT TO RESTRUCTURE THE LOAN ACCOUNT AND ALLOW THE PETITIONERS TO MAKE INSTALLMENTS WISE PAYMENTS. - 3 - HC-KAR NC: 2026:KHC:2335 WP No. 15450 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition challenging the order dated 05.12.2022 passed by the learned Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru (8Magistrate Court9 for short) in Crl.Mis.No.962/2022 vide Annexure-A. 2. The impugned order passed by the Magistrate Court is an appealable order under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioners, without exhausting the efficacious remedy, filed this writ petition. Hence, the writ petition filed by the petitioners is not maintainable in view of the exposition of - 4 - HC-KAR NC: 2026:KHC:2335 WP No. 15450 of 2024 law laid down by the Hon9ble Apex Court in the case of Rikhab Chand Jain Vs. Union of India and Others1. 3. In view of the above discussion, 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 order vide Annexure-A before the appropriate forum, if so desired; iii. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 2 1 2025 SCC OnLine SC 2510