- 1 - HC-KAR NC: 2026:KHC:96 WP No. 20150 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 20150 OF 2022 (GM-RES) BETWEEN: MOHAMMED ASHRAF S/O ABDUL KHADER AGED ABOUT 62 YEARS R/AT 008, LOBO COURT LIGHT HOUSE HILL MANGALORE - 575 001. …PETITIONER (BY SRI. KESHAVA BHAT A.,ADVOCATE) AND: 1. INDIA BULLS HOUSING FINANCE LIMITED HAVING ITS REGISTERED OFFICE AT 5TH FLOOR, BUILDING, NO.27, K.G. MARG, CONNAUGHT PLACE, NEW DELHI - 110 001. 2. THE AUTHORISED OFFICE INDIA BULLS HOUSING FINANCE LIMITED, MALLIKATTE BRANCH, MANGALORE - 575 001. 3. INDIA BULLS HOUSING FINANCE LIMITED MALLIKATTE BRANCH, MANGALORE - 575 001 REP BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. PRUTHA BHARATHI.,ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:96 WP No. 20150 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO ISSUE OF POSSESSION NOTICE DATED 21.09.2022 UNDER RULE 8(1) R/W SECTION 13(4) OF THE SECURITIZATION ACT AND RULES AND ON PERUSAL OF THE SAME; ISSUE DIRECTION SETTING ASIDE THE IMPUGNED POSSESSION NOTICE DTD 21.09.2022, UNDER RULE 8(1) R/W SECTION 13(4) OF THE SECURITIZATION ACT AND RULES VIDE ANNEXURE-G THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner claiming to be the owner of petition schedule property having purchased the same under deed of sale dated 22.09.2020 is before this Court seeking following reliefs: ''(i) Issue a writ of certiorari or any other appropriate writ, order or direction setting aside the impugned possession notice dated:21.09.2022, under Rule 8(1) R/w Section 13(4) of the Securitization Act and Rules vide Annexure-G and (ii) Grant such other and further reliefs that this Hon'ble Court deems fit in the circumstances of this case, in the interest of justice and equity.'' 2. The action initiated by the respondent is one under Section 13 read with Rule 8 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act and Rules. Section 17 of the said Act provides for effective and alternate remedy. - 3 - HC-KAR NC: 2026:KHC:96 WP No. 20150 of 2022 3. Reserving such liberty to the petitioner to avail such remedy as may be available under law. Petition is disposed of. 4. The respondent shall not precipitate the matter for a period of 30 days from the date of receipt of certified copy of this order enabling the petitioner to avail such remedy. 5. Time consumed in pursuing this petition may be considered for the purpose of adjudication issue on limitation. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 20