- 1 - HC-KAR NC: 2026:KHC:4306 WP No. 16742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 16742 OF 2025 (GM-DRT) BETWEEN: 1. SMT.BHAVANA JHA ABOUD 44 YEARS W/O SHRI SHANKAR KUMAR JHA, R/O PATHARE ESTATE, 143, MADH MARVE ROAD, I.N.S. HAMLA, SHANKAR WADI, MALAD WEST, MUMBAI, MAHARASHTRA 400095. 2. SHRI HIMANSHU KUMAR JHA S/O SHRI AMODH KUMAR JHA, SGED ABOUT 46 YEARST MARVE ROAD, R/O PATHARE ESTATE, 143, MADH I.N.S. HAMLA, SHANKAR WADI, MALAD WEST, MUMBAI, MAHARASHTRA - 400095. …PETITIONERS (BY SMT. VARSHITHA S., ADVOCATE) AND: STATE BANK OF INDIA THROUGH ITS CHIEF MANAGER, STRESSED ASSETS RECOVERY BRANCH, 11/90, 3RD FLOOR, OPPOSITE TRUST WELL HOSPITAL, J.C. ROAD, BENGALURU - 560002 …RESPONDENT (BY SRI. DIVYA PURANDAR.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4306 WP No. 16742 of 2025 A WRIT OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE POSSESSION ORDER DATED 07.02.2025 CRL. MISC 68/25 PASSED BY THE LEARNED CJM, RURAL COURT, BENGALURU UNDER SECTION 14 OF THE SARFAESI ACT, 2002 PRODUCED HEREIN AS ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners filed this writ petition challenging the possession order dated 07.02.2025 passed in Crl.Misc.No.68/2025 by the Learned Chief Judicial Magistrate, Rural Court, Bengaluru under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short `SARFAESI Act, 2002'). 2. The said order is appealable under provisions of the SARFAESI Act. The petitioners without exhausting equal efficacious remedy, filed this writ petition. - 3 - HC-KAR NC: 2026:KHC:4306 WP No. 16742 of 2025 3. The writ petition filed by the petitioners is not maintainable, in view of the decision rendered by the Hon'ble Supreme Court in the case of Rikhab Chand Jain -vs- Union of India & Ors., in Civil Appeal No.6719/2012, disposed of on 12.11.2025 4. Accordingly, the writ petition is disposed of reserving liberty to the petitioner to challenge the impugned order, if so, advised within 30 days from the date of receipt of copy of this Order. 5. In the meanwhile, respondents are directed not to take any coercive action against the petitioners for a period of 30 days. 6. Pending applications, if any, stands disposed of. Sd/- (ASHOK S.KINAGI) JUDGE HR List No.: 1 Sl No.: 47