- 1 - HC-KAR NC: 2026:KHC-D:2495 WP No. 101192 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 101192 OF 2026 (GM-RES) BETWEEN: 1. SHRI. AVDHOOT S/O ARUN PATIL, AGE. 25 YEARS, OCC. SERVICE, RESIDENT OF FLAT NO.302, THIRD FLOOR, SHRI GURU ANUGRAH, CTS NO.173/1A, TASHILDAR GALLI, BELAGAVI-590001. 2. SHRI. ABHISHEK S/O ARUN PATIL, AGE. 23 YEARS, OCC. SERVICE, RESIDENT OF FLAT NO.302, THIRD FLOOR, SHRI GURU ANUGRAH, CTS NO.173/1A, TASHILDAR GALLI, BELAGAVI-590001. …PETITIONERS (BY SRI. SHRIPRASAD JOSHI FOR RAVIRAJ C PATIL, ADVS.) AND: 1. KARNATAKA BANK LTD, ASSET RECOVERY MANAGEMENT BRANCH, 2ND FLOOR, KARNATAKA BANK BUILDING, CTS 122/108, PB NO.499, NEW COTTON MARKET, HUBBALLI-580029 AND HAVING ITS REGISTERED OFFICE AT, KARNATAKA BANK LTD., H.O., P.B.NO.599, MAHAVEERA CIRCLE, KANAKNADY MANGALURU-575002, AND ITS BRANCH OFFICE AT Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2495 WP No. 101192 of 2026 BELAGAVI MAIN BRANCH, CHANDRABHAGA NO.1290/A, GROUND FLOOR, RAMLINGKHIND GALLI, BELAGAVI-590001. 2. SHRI. SUNIL S/O BHUPAL SHETTY, AGE. 51 YEARS, OCC. BUSINESS, RESIDENT OF 370/2, SHETTY PLAZA, RAMLINGKHIND GALLI, BELAGAVI-590001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, A) ISSUE A WRIT OF MANDAMUS ON THE RESPONDENT NO. 1 TO RESTORE THE POSSESSION OF THE PROPERTY OF THE PETITIONERS IN FLAT NO. TF-302 BEARING E-ASTHI NO. 29-2-127-3-10B-2 MEASURING SUPER BUILTUP ARE 840 SQ. FT. OUT OF PID NO. 145602 LOCATED ON THE THIRD FLOOR OF BUILDING KNOW AS SHRI GURU ANUGRAH CONSTRUCTED BY THE RESPONDENT NO. 2 IN CTS NO. 173/1A AT TASHILDAR GALLI, BELAGAVI TO THE PETITIONERS AS PER ANNEXURE C SL. NO. 5 OF SCHEDULE PAGE NO. 47; B) ISSUE A WRIT OF MANDAMUS ON THE RESPONDENT NO. 2 TO DIRECT THE RESPONDENT NO. 2 TO COMPENSATE THE PETITIONERS IN CASE OF ANY EQUITABLE MEASURES TAKEN BY THE PETITIONERS; C) PASS SUCH OTHER WRIT OR ORDER OR DIRECTION AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:2495 WP No. 101192 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayers: “a) Issue a writ of mandamus on the respondent no. 1 to restore the possession of the property of the petitioners in flat no. TF-302 bearing E-asthi no. 29-2- 127-3-10b-2 measuring super builtup are 840 sq. ft. out of PID no. 145602 located on the third floor of building know as Shri Guru Anugrah constructed by the respondent no. 2 in CTS no. 173/1A at Tashildar Galli, Belagavi to the petitioners as per ANNEXURE-C Sl. No. 5 of schedule Page No. 47; b) Issue a writ of mandamus on the respondent no. 2 to direct the respondent no. 2 to compensate the petitioners in case of any equitable measures taken by the petitioners; c) Pass such other writ or order or direction as deemed fit in the interest of justice and equity” 2. The petitioners are aggrieved by the order dated 09.01.2026 passed in Criminal Miscellaneous No.236/2025 where the order is passed by the Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’). 3. The facts of the case are that, according to the petitioners they have purchased the property from respondent No.2 i.e. Flat No.TF-302 measuring super built up area of 840 - 4 - HC-KAR NC: 2026:KHC-D:2495 WP No. 101192 of 2026 sq.ft. located on the third floor of the building known as the Guru Anugrah constructed by respondent No.2 by way of a registered sale deed. The petitioners have availed the loan for the purchase of the property. The respondent No.2 has availed the loan from respondent No.1/Bank for construction of the property which includes the property of the petitioners and the respondent No.1/Bank has initiated the proceedings under the SARFAESI Act. It is the grievance of the petitioners that when the property is sold to the petitioners by respondent No.2 and respondent No.2 has undertaken to indemnify the petitioners, now under the provisions of the SARFAESI Act, without notice to the petitioners, the respondent No.1 cannot initiate the proceedings. As such, they have filed this writ petition before this Court seeking a direction to the respondents to forthwith restore the possession of the property and also issue a mandamus to respondent No.2 to compensate the petitioners in case of any equitable measures taken by the petitioners. 4. Learned counsel appearing for the petitioners submits that, the petitioners being the owners of the property, without due process of law, have been evicted from the property. - 5 - HC-KAR NC: 2026:KHC-D:2495 WP No. 101192 of 2026 Hence, they are entitled for re-delivery of the possession of the property. 5. Having heard the learned counsel appearing for the petitioners, perused the material on record. The writ petition as filed and the reliefs as sought before this Court are not at all maintainable. It is also an admitted fact that, respondent No.2 has mortgaged the properties which are sold to the petitioners to respondent No.1/Bank. The respondent No.1/Bank has declared the loan account as NPA, had initiated the proceedings under the SARFAESI Act and approached the Magistrate under Section 14 of the SARFAESI Act. Bank had the Magistrate has passed the order. Though there are inter se disputes between the petitioners and respondent No.2, respondent No.1 being a secured creditor, as the mortgage is in their favour as a first charge, they are always at liberty to initiate the proceedings. If the petitioners are aggrieved by any of the action that is taken by respondent No.1/Bank or by an order passed under Section 14 of the SARFAESI Act, they are at liberty to avail the appropriate remedy but they can not maintain this writ petition. Accordingly this Court is passing the following: - 6 - HC-KAR NC: 2026:KHC-D:2495 WP No. 101192 of 2026 ORDER (i) Accordingly, the writ petition is disposed of giving liberty to the petitioners to avail appropriate remedy before the Debts Recovery Tribunal. (ii) All I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT: CNB List No.: 1 Sl No.: 20