Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13290 WP No. 13867 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13867 OF 2022 (GM-DRT) BETWEEN:
1. MANIKANTA N., S/O LATE NAGARAJU AGED ABOUT 35 YEARS R/AT 238, NEAR KALAMMA TEMPLE MELLAHALLI HAROHALLI POST VARUNA HOBLI, NEAR BY BIG ARALIMARA MELLAHALLI, MYSORE -570 010
2. RATHNAMMA W/O LATE NAGARAJU AGED ABOUT 57 YEARS R/AT 238, NEAR KALAMMA TEMPLE MELLAHALLI, HAROHALLI POST VARUNA HOBLI, NEAR BY BIG ARALIMARA MELLAHALLI MYSORE- 570 010 …PETITIONERS (BY SRI. VINAYACHANDRA, ADVOCATE)
AND:
1. FINCARE SMALL FINANCE BANK LTD., REGD. OFFICE AT 301-306 3RD FLOOR, ABHIJEET -V
Digitally signed by SUVARNA T Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13290 WP No. 13867 of 2022
OPP. MAYOR’S BUNGLOW LAW GARDEN ROAD, MITHAKHALI AHMEDABAD -380 006
2. FINCARE SMALL FINANCE BANK LTD., HEAD OFFICE AT 835/39 5TH FLOOR, BREN MERCURY KAIKONDANAHALLI, SARJAPUR MAIN ROAD, BENGALURU -560 035
3. FINCARE SMALL FINANCE BANK LTD., BRANCH OFICE AT 31, SIDDESHWARAKRUPA 3RD CROSS, F BLOCK JP NAGAR MYSORE- 570 008 …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE ISSUED BY THE RESPONDENT UNDER APPENDIX IV (SEE RULE 8(1)) POSSESSION NOTICE DTED: 10.5.2022 FILED AS ANENXURE-A TO THE W.P.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC:13290 WP No. 13867 of 2022
ORAL ORDER The present writ petition is filed seeking the following prayer:
"PRAYER
WHEREFORE, Petitioners named above humbly prays that this Hon'ble Court may be pleased to:
a) Issue a Writ of Certiorari and to quash the impugned possession Notice issued by the Respondents under Appendix IV [See Rule 8(1)] Possession Notice dated 10.05.2022 filed as ANNEXURE-A to the Writ Petition;
b) To declare that the alleged taking possession of the property of the Petitioners are bad in law and consequently direct the Respondents to release the same.
c) Grant such other and further order on the facts and circumstances in the interest of justice and equity."
2. This writ petition is filed in the year 2022. There is no interim order granted in this writ petition. If the respondent No.1/Bank has taken any further proceedings, it is for the petitioner to avail the appropriate remedy. Hence, this Court is passing the following:
ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy.
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HC-KAR NC: 2026:KHC:13290 WP No. 13867 of 2022
ii. All I.As. in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
MEG List No.: 2 Sl No.: 26