- 1 - HC-KAR NC: 2026:KHC:17808 WP No. 9133 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9133 OF 2026 (GM-DRT) BETWEEN: SMT. SRIDEVI B. T., W/O. SRI. RAVISHANKAR T. S., AGED ABOUT 52 YEARS, R/AT NO.101, ORCHID BLOCK, ESTEEM GARDENIA, SAHAKARNAGAR, BENGALURU-560 092. …PETITIONER (BY SRI. H. S. PRASHANTH, ADVOCATE) AND: 1. M/S. INDOSTAR CAPITAL FINANCE LTD., AT NO.21, RAJA GLITZ, 1ST FLOOR, ABOVE KARNATAKA BANK, K.H. ROAD, BENGALURU-560 027. REPRESENTED BY ITS MANAGER/AUTHORISED SIGNATORY. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17808 WP No. 9133 of 2026 2. SRI. SURESH CHANDRA J, AGED ABOUT 48 YEARS, R/AT NO.1341/7, PRIYANKA TOWERS, 19TH MAIN ROAD, ANNANAGAR WEST, CHENNAI, TAMIL NADU-600 040. 3. SMT. LATHA B.T., W/O. SRI. SURESH CHANDRA. J, AGED ABOUT 42 YEARS, R/AT NO.1341/7, PRIYANKA TOWERS, 19TH MAIN ROAD, ANNANAGAR WEST, CHENNAI, TAMIL NADU-600 040. …RESPONDENTS (BY SRI. SURESH. V, ADVOCATE FOR R1; V/O/DATED 23.03.2026, NOTICE TO R2 AND 3 IS DEFERRED FOR TIME BEING) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE PROPERTY VACATE NOTICE DATED 9/03/2026, ISSUED BY THE 1ST RESPONDENT HEREIN, VIDE ANNEXURE A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:17808 WP No. 9133 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "WHEREFORE, the Petitioner above named humbly prays that this Hon'ble Court may be pleased to: (a) Issue a writ of Certiorari to quash the property vacate notice dated 09.03.2026, issued by the 1st respondent herein, vide Annexure-A. (b) Pass such other order or orders as this Hon'ble Court may be pleased to pass under the facts and circumstances of the case." 2. In the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against the M/s. Indostar Capital Finance Limited. 3. In that view of the matter, this court is passing the following: - 4 - HC-KAR NC: 2026:KHC:17808 WP No. 9133 of 2026 ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy in accordance with law. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act, 1963. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 33