- 1 - HC-KAR NC: 2026:KHC:23382 WP No. 38081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 38081 OF 2025 (GM-DRT) BETWEEN: 1. SRI VASANTHA SON OF LATE NINGE GOWDA, AGED ABOUT 56 YEARS, RESIDING AT MELUR VILLAGE, SALIGRAMA MIRLE HOBLI, K. R. NAGARA TALUK, MYSURU-571 604 2. MRS. LAKSHMI WIFE OF SRI.VASANTHA, AGED ABOUT 53 YEARS, RESIDING AT MELUR VILLAGE, SALIGRAMA MIRLE HOBLI, K. R. NAGARA TALUK MYSURU-571 604 …PETITIONERS (BY SRI. GIRIDHAR S.V., ADVOCATE) AND: KARNATAKA BANK LIMITED ASSET RECOVERY MANAGEMENT BRANCH BEHIND KARNATAKA BANK BUILDING CA NO.1, ‘C’ BLOCK, AKKAMAHADEVI ROAD J.P NAGAR, MYSURU REPRESENTED BY ITS CHIEF MANAGER/AUTHORISED OFFICER MR. LOKESH V. N. SON OF LATE NARAYANA SHETTY Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23382 WP No. 38081 of 2025 AGED ABOUT 47 YEARS …RESPONDENT (BY SRI. NITHIN CHANDRA M., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 13.08.2025 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MYSURU, IN CRIMINAL MISCELLANEOUS CASE NO. 299/2025 AS AT ANNEXURE A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: "Wherefore, the petitioner prays that this Hon’ble Court may be pleased to: a. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned order dated 13.08.2025 passed by the learned Principal Senior Civil Judge and Chief Judicial Magistrate, Mysuru, in Criminal Miscellaneous Case No.299/2025 as at Annexure-A; b. Declare that the proceedings initiated by the respondent Bank under Section 14 of the SARFAESI Act, 2002 in respect of the petitioner’s residential property - 3 - HC-KAR NC: 2026:KHC:23382 WP No. 38081 of 2025 bearing Panchayath No.409, E Khatha No.152200300112800441, situated at K.R.Nagar Taluk are illegal, arbitrary, and contrary to the provisions of law; c. Pass an order as to the costs of the writ petition; d. Pass such other order/s as this Hon’ble Court deems fit in view of the facts and circumstances of the case in the interest of justice and equity.” 2. The writ petition is filed against the Karnataka Bank Limited, which is a private Bank. 3. The Co-ordinate Bench of this Court, in W.P. No.11869/2017 C/w W.P. No.27352/2016 dated 04.03.2020, in the case of Gowtham vs. Karnataka Bank Limited, has held that, the writ petition against the Karnataka Bank is not maintainable. In that view of the matter, 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. ii. Petitioner shall approach the DRT within 30 days from the date of receipt of the copy of the order. - 4 - HC-KAR NC: 2026:KHC:23382 WP No. 38081 of 2025 iii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 62