- 1 - HC-KAR NC: 2026:KHC:7723 WP No. 4249 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.4249 OF 2023 (GM-RES) BETWEEN: S PRAKASH S/O SHIVANNA, AGED ABOUT 39 YEARS, RESIDING AT NO.299, PROPERTY NO.178, KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK 560 060. …PETITIONER (BY SRI. V.B. RAVISHANKAR., ADVOCATE) (ABSENT) AND: FULLERTON INDIA HOME FINANCE CREDIT COMPANY LTD., HAVING ITS BRANCH OFFICE AT MEGA TOWERS, 3RD FLOOR, OLD NO.301, NEW NO.165, POOMAMALLE HIGH ROAD, MADURAVOYAL, CHENNAI 600 095, REPRESENTED BY ITS CHIEF MANAGER AUTHORIZED OFFICER K RAVIKIRAN. …RESPONDENT (BY SRI. SURESH V.,ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7723 WP No. 4249 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE XXXII ADDL. CHIEF METROPOLITAN MAGISTRATE AT BANGALORE IN C.MISC.NO. 1700/2022 VIDE ITS ORDER DATED 19/11/2022 IN EXERCISE OF POWER CONFERRED UNDER SECTION 14 OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER This petition is filed questioning the order passed by the XXXII Additional Chief Metropolitan Magistrate, Bengaluru, in Crl. Misc.No.1700/2022 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”) permitting the respondent to take physical possession of the property. 2. None appears for the petitioner. 3. According to the respondent, the petition has become infructuous in as much as the secured asset has been sold and the sale certificate has already been issued. - 3 - HC-KAR NC: 2026:KHC:7723 WP No. 4249 of 2023 4. Be that as it may, since there is effective and alternative remedy provided under Section 17 of the SARFAESI Act, if petitioner is aggrieved, can have recourse to the same. Accordingly, the petition is dismissed. Sd/- (M.G.S. KAMAL) JUDGE CKL List No.: 1 Sl No.: 9