- 1 - HC-KAR NC: 2026:KHC:8843 WP No. 3316 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3316 OF 2026 (GM-DRT) BETWEEN: 1. JAMEER PASHA S/O.SHAFIULLA AGED ABOUT 42 YEARS R/AT.NO.126, MELEKOTE ROAD KURIPALYA, AK COLONY MAIN ROAD SG EXTENSION, TUMAKURU TUMAKURU -572 102 2. SIKANDAR S/O SHAFIULLA AGED ABOUT 35 YEARS R/AT.NO.126, MELEKOTE ROAD KURIPALYA, AK COLONY MAIN ROAD EXTENSION TUMAKURU TUMAKURU -572 102 3. NAGINABANU W/O JAMEER PASHA AGED ABOUT 36 YEARS R/AT. NO.126, MELEKOTE ROAD KURIPALYA, AK COLONY MAIN ROAD SG EXTENSION TUMAKURU TUMAKURU-572 102 4. S.SIMRANTAJ W/O.SIKANDAR AGED ABOUT 28 YEARS R/AT. NO.126, MELEKOTE ROAD KURIPALYA, AK COLONY MAIN ROAD Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8843 WP No. 3316 of 2026 SG EXTENSION TUMAKURU TUMAKURU-572 102 …PETITIONERS (BY SRI. MOHAMMED UMMAR FAROOQ., ADVOCATE) AND: M/S. IKF HOME FINANCE LIMITED M/S IKF HOME FINANCE LIMITED AT PLOT NO.30/A, SY.NO.83/1 MY HOME TWITZA, 11TH FLOOR DIAMOND HILLS, LUMBINI AVENUE B/S GIS SUBSTATION, APIIC HYDERABAD KNOWLEDGE CITY, RAIDURG HYDERABAD T.S.-500032 REP BY ITS AUTHORIZED OFFICER BENGALURU-560 071 …RESPONDENT (BY SRI.VIJAY S., ADVOCATE FOR C/R IN CP 1925/2026) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE IMPUGNED VACATE NOTICE DTD. 21.01.2026 REF. IKFHEL/TVN/TK/JAN/2026/02 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A. GRANT AN INTERIM ORDER TO STAY THE IMPUGNED VACATE NOTICE DTD. 21.01.2026 REF. IKFHEL/TVN/TK/JAN/2026/02 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:8843 WP No. 3316 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition challenging the impugned vacate notice dated 21.01.2026 vide Annexure-A. 2. The respondents have initiated recovery proceedings by filing a petition under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short) in Crl.Misc.No.10/2026 on the file of the learned Principal Senior Civil Judge and CJM, Tumakuru (‘Magistrate Court’ for short). The said petition came to be allowed vide order dated 21.01.2026. The petitioners, without challenging the order passed under Section 14 of the SARFAESI Act, filed this writ petition. Hence, the writ petition filed by the petitioners is not maintainable and accordingly, dismissed. - 4 - HC-KAR NC: 2026:KHC:8843 WP No. 3316 of 2026 3. A liberty is reserved to the petitioner to challenge the order dated 21.01.2026 passed in Crl.Misc.No.10/2026 by the Magistrate Court. 4. In the meanwhile, the respondent is directed not to precipitate the matter for 15 days from the date of receipt of a certified copy of this order. 5. In view of dismissal of the petition, pending application(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 36