- 1 - HC-KAR NC: 2026:KHC:4685 WP No. 26413 of 2024 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. 26413 OF 2024 (GM-DRT) BETWEEN: 1. MR. NATARAJ A S/O ANJINAPPA AGED ABOUT 28 YEARS, NO.57, DODDA CHIMANAHALLI KUNDANAHALLI NARAGANAHALLI, DEVANAHALLI TALUK BENGALURU-562110 2. MRS LAKASHAMMA W/O ANJANAPPA AGED ABOUT 50 YEARS, NO.57, DODDA CHIMANAHALLI KUNDANAHALLI NARAGANAHALLI DEVANAHALLI TALUK BENGALURU-562110 …PETITIONERS (BY SRI. RADHA R., ADVOCATE) AND: 1. ATLUM CREDO HOME FINANCE PVT. LTD. HAVING ITS REGISTERED OFFICE AT FLOOR NO.7 KALPATARU INFINIA PLOT NO.21, SUB PLOT NO.3, CTS NO.15/1, AND SURVEY NO.162/2/2 17/2/2/ AND 18/1/2 BHAMUDRA VILLAGE Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4685 WP No. 26413 of 2024 WAKDEWADI SHIVAJINAGAR PUNE CITY, MAHARASHTRA-411005 REGISTERED UNDER SECTION 29A OF THE NATIONAL HOUSING BANK ACT 1987 BRANCH OFFICE AT BANGALORE NO.451/1, 1 AND 2 FLOOR WEST CHORD, 2ND STAGE, MAHALAXMIPURAM, BBMP WARD NO.14, NAGAPURA, BANGALORE-560079 REP. BY ITS AUTHORIZED OFFICER ALSO AT NO.451/1, 2ND FLOOR NAGAPURA MAIN ROAD, BANGALORE-560086 REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI. FRANCIS XAVIER., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASH THE IMPUGNED ORDER DTD 16.10.2023 IN C.MISC.NO. 1002/2023 PASSED BY THE CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL AT BANGALORE WHICH IS AT ANNEXURE-A. CONSEQUENTLY DIRECT THE RESPONDENT TO HANDOVER THE REPOSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER BY CONSIDERING THEIR ONE TIME SETTLEMENT GRANT AN INTERIM ORDER TO DIRECT THE RESPONDENT TO HANDOVER THE REPOSSESSION OF THE SCHEDULE PROPERTY AFTER RECEIVING THE PART PAYMENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4685 WP No. 26413 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this petition challenging the order dated 16.10.2023 passed in Crl.Misc.No.1002/2023 by the learned Chief Judicial Magistrate, Bengaluru Rural, Bengaluru (‘Magistrate Court’ for short). 2. The impugned order is appealable under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioners, without exhausting equal efficacious remedy, filed this writ petition. Hence, the petition filed by the petitioners is not maintainable. 3. Accordingly, the writ petition is dismissed, reserving a liberty to the petitioners to challenge the impugned order before the appropriate forum. 4. In the meanwhile, the respondents are directed not to take any coercive steps for 1 month from today. - 4 - HC-KAR NC: 2026:KHC:4685 WP No. 26413 of 2024 5. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 45