Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:2098 WP No. 33714 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. 33714 OF 2024 (GM-DRT) BETWEEN:
1.
MR. P. HAMEED SON OF LATE P KAIYUM SAB AGED ABOUT 52 YARS RESIDNG AT NO. 21/127 NANABALA STREET PUNGANNUR CHITTOOR ANDHRA PRADESH 517247
2.
MRS. SHAKIRA W/O HAMEED P AGED ABOUT 45 YEARS RESIDING AT NO. 71, 4TH CROSS SHALINI BAR VENKATASWAMAPPA LAYOUT R T NAGAR BANGALORE 560 032 &PETITIONERS (BY SRI. MOHAN KUMAR H G., ADVOCATE)
AND:
1.
SHRIRAM FINANCE LIMITED REGITERED OFFICE SIRI TOWERS , PLOT NO. 14A SOUTH PHASE INDUSTRIAL ESTATE GUINDY CHENNAI PIN CODE 600032 ALSO OFFICE AT NO.2 AND 3
Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:2098 WP No. 33714 of 2024
2ND FLOOR, MANANDI PLAZA ST MARKS ROAD SHANTHALANAGAR ASHOK NAGAR BANGALORE 560 001 REP. BY ITS AUTHORIZED OFFICER MR. DILEEP
2.
KHAN AND SONS TRADERS REP. BY ITS PROPRIETOR IRAFANULLA KHAN NO. 26, 6TH MAIN ROAD NEAR NEELAKANTESHWARA TEMPLE CHAMUNDINAGAR MAINR OAD R T NAGAR BANGALORE 560 032
3.
INFANULLA KHAN S/O RHMATULLA KHAN AGED ABOUT 44 YEARS RESIDING AT NO. 26, 6TH MAINROAD NEAR NEELAKANTESHWARA TEMPLE CHAMUNDINAGAR MAIN ROAD R T NAGAR BANGALORE 560 032
4.
SMT. UMME SALMA W/O IRFAN ULLA KHAN AGED ABOUT 42 YEARS RESIDING AT NO. 26, 6TH MAIN ROAD NEAR NEELAKANTESHWARA TEMPLE CHAMUNDINAGAR MAIN ROAD R T NAGAR BANGALORE 560 032 &RESPONDENTS
(BY SRI. CHANDRASHEKAR S N., ADVOCATE FOR R1 V/O DATED 13.01.2026)
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HC-KAR NC: 2026:KHC:2098 WP No. 33714 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED THE POSSESSION NOTICE UNDER SECTION 13(4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY ACT, 2002 (SARFAESI ACT), DATED 20/11/2024 IN REF. NO. NIL AT ANN-B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
1. The petitioners aggrieved by the possession notice dated 20.11.2024 vide Annexure 8B9 issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (For short, =the SARFAESI Act=) have filed this writ petition.
2. The learned counsel for the respondents has filed a memo along with the order passed under Section 14 of the SARFAESI Act in Criminal Miscellaneous No.1639 of 2025 dated 03.05.2025, wherein the petition filed by respondent No.1-Financer was allowed and held that the petitioner is entitled to
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HC-KAR NC: 2026:KHC:2098 WP No. 33714 of 2024
take the possession of the scheduled property towards the satisfaction of the loan amount due by the respondent and appointed an advocate as a Court Commissioner to take the possession of the petition schedule property from the respondent therein and hand over it to the petitioner therein.
3. In view of the Order passed in Criminal Miscellaneous No.1639 of 2025, nothing survives for consideration in this writ petition.
4. Accordingly, the writ petition is dismissed as having rendered infructuous.
5. Liberty is reserved to the petitioners to challenge the
order passed in the aforesaid Criminal Miscellaneous, if so desired.
Sd/- (ASHOK S.KINAGI) JUDGE
RK CT:KHV List No.: 2 Sl No.: 8