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2026 DAILYLAW 8158 (KAR)

SMT JYOTHI M L v. M/S UJJIVAN SMALL FINANCE BANK LTD

WP/4207/2024 · 2026-03-04

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:13370 WP No. 4207 of 2024 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. 4207 OF 2024 (GM-DRT) BETWEEN: 1. SMT. JYOTHI M.L. W/O RAMESH C., AGED ABOUT 38 YEARS, 2. SRI. RAMESH C. S/O CHENNAPPA AGED ABOUT41 YEARS, BOTH ARE R/A NO.16/1, 1ST MAIN, 1ST CROSS, DASANAPURA VILLAGE, BENGALURU – 562 123. …PETITIONERS (BY SMT. SARASWATHI M, ADVOCATE) AND: M/S UJJIVAN SMALL Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13370 WP No. 4207 of 2024 FINANCE BANK LTD., REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS ZONAL OFFICE NO.27, 3RD “A” CROSS, 18TH MAIN, 6TH BLOCK, KORAMANGALA, BENGALURU – 560 095 REPRESENED BY ITS CHIEF MANAGER/ AUTHORIZED OFFICER SRI. RAJA RAJESHWARAN P. S/O S. PACHIPPAN AGED ABOUT 47 YEARS …RESPONDENT (BY SRI. FRANCIS XAVIER, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - QUASH THE ORDER DTD 26.07.2022 PASSED IN CRL. NO.814/2022 BEFORE THE CHIEF JUDICIAL MAGISTRATE, RURAL COURT, BENGALURU, BY THE RESPONDENT AS PER ANNEXURE-D. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13370 WP No. 4207 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: "1. Issue a writ of certiorari or similar writ or order or direction to quash the order dated:26-07-2022 passed in Crl.No.814/2022 before the Chief Judicial Magistrate, Rural Court, Bengaluru, by the respondent as per Annexure-D 2. Issue a writ of Mandamus or similar writ or order or direction to the respondent not dispossess the petitioner from the physical possession of the petitioner's schedule property as per order dated:26-07-2022 passed in Crl.No.814/2022 before the Chief Judicial Magistrate, Rural Court, Bengaluru, Bengaluru Rural by the respondent as per Annexure-D 3. Issue any other appropriate writ or order or direction to the respondents deemed fit in the circumstances of the case in the ends of interest of justice and equity." 2. When the matter came up, learned counsel for the petitioners submitted that two weeks' time may be granted as negotiations are going on between the petitioners and the Bank. - 4 - HC-KAR NC: 2026:KHC:13370 WP No. 4207 of 2024 3. This writ petition was filed in the year 2024. A Co-ordinate Bench of this Court had passed an interim order directing that the petitioners shall not be dispossessed, if they are not already dispossessed, as on today and the said interim order is subsisting till today. The petitioners have come before this Court questioning the order that is passed by the learned Magistrate under Section 14 of the SARFAESI Act. However, the petitioners have an effective alternative remedy under Section 17 of the SARFAESI Act. In that view of the matter, this Court is passing the following: ORDER i. The writ petition is disposed of, giving liberty to the petitioners to avail the appropriate remedy in accordance with law. ii. All I.As in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 6