- 1 - HC-KAR NC: 2026:KHC:23174 WP No. 6709 of 2026 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. 6709 OF 2026 (GM-DRT) BETWEEN: 1. SRI. D.G. ANIL KUMAR S/O D.V. GANGADHARAPPA AGED ABOUT 33 YEARS BORROWER 2. SMT D S GAYATRI W/O D.V.GANGADHARAPPA AGED ABOUT 51 YEARS CO- BORROWER BOTH ARE R/AT NO.33, DASIMAYYA ROAD, 6TH CROSS, GURUKULA SCHOOL VIDYANAGARA DODDABALLAPURA TOWN BENGALURU RURAL DISTRICT BANGALORE - 561 203 …PETITIONERS (BY SRI. CHOKKAREDDY, ADVOCATE) AND: THE AUTHORISED OFFICER / CHIEF MANAGER OF AXIS FINANCE LTD., REGD. UNDER THE BANKING REGULARIZATION ACT 1949 BRANCH AT ALFA CENTRE NO.216, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23174 WP No. 6709 of 2026 GROUND FLOOR AND 1ST FLOOR PARAMAHANSA YOGANANA ROAD, INDIRA NAGAR 2ND STAGE. HYOSALA NAGARA BENGALURU - 38 …RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A SALE NOTICE, DATED 10-02-2026 VIDE NO.AFL/FEB/2025-26/513 IN E-AUCTION CUM-SALE NOTICE OF SECURED ASSET HELD ON 27-02-2026 ABOUT 11.00 AM, ISSUED BY THE RESPONDENT BANK, FOR CLAIMING DUE LOAN AMOUNT OF RS.59,12,562/- AGAINST THE IMMOVABLE PROPERTY RESIDENTIAL CUM COMMERCIAL BUILDING CONSTRUCTED ON PROPERTY BEARING SITE NO.33, CMC KATHA SERIAL NO.1889, KATHA 1889/1794/2673/1, SITUATED AT VEERABHADRANAPALYA VILLAGE, 10TH DIVISION, DODDABALLAPURA NAGARA, BENGALURU RURAL DISTRICT HAVING MEASUREMENT EAST TO WEST 30 FEET, NORTH TO SOUTH 40 FEET, TOTAL MEASURING 1200 SQ.FT, BOUNDED ON EAST BY SITE NO.32, HOUSE BELONGS TO D.SATHYANARAYANA, WEST BY SITE NO.32, HOUSE BELONGS TO D.V.MAHESH KUMAR, NORTH BY OTHERS PROPERTY, SOUTH BY ROAD, AS TAKEN SYMBOLIC POSSESSION FROM THE PETITIONER IS ILLEGAL AND CONTRARY TO LAW, BY ALLOWING THE WRIT PETITION. - 3 - HC-KAR NC: 2026:KHC:23174 WP No. 6709 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER A memo is filed by the learned counsel for the petitioners seeking permission to withdraw the writ petition, as the writ petition is filed against the Axis Finance Limited, which is a private financial institution and this Court has expressed the view that such a writ petition is not maintainable. 2. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257- 259 of 2022, a writ petition against the private financial institution is not maintainable. 3. The memo is taken on record 4. Hence, the writ petition is liable to be dismissed as not maintainable and in that view of the matter, this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC:23174 WP No. 6709 of 2026 ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioners to avail the appropriate remedy before the DRT. ii. The petitioners shall approach the DRT within 30 days from the date of receipt of the copy of this order. iii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 10