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2026 Supreme(Online)(Kar) 28112

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


NC: 2026:KHC:27207


WP No. 11252 of 2023


DATED THIS THE 8TH DAY OF JUNE, 2026


BEFORE THE HON'BLE MS. JUSTICE JYOTI M


WRIT PETITION NO. 11252 OF 2023 (GM-DRT)


BETWEEN:


1. MRS. PADMAJA S.,


AGED ABOUT 47 YEARS,


W/O LATE DINESH M.C.,


2. MR. UMESH M.C.,


AGED ABOUT 48 YEARS,


S/O M.K.CHEENEGOWDA,


3. SMT. SUSHMA K.S.,


AGED ABOUT 43 YEARS,


W/O. MR. UMESH M.C.,


ALL ARE R/AT NO.1545,


PID NO.12-1-505-35C,


LAYADA BEEDI, KOTE,


CHANNAPATNA TOWN,


RAMANAGARA-562160.


…PETITIONERS


(BY SRI. V.D.SIDDAPPA, ADVOCATE FOR


SRI. RAMESHA H.E., ADVOCATE)


AND:


M/S. CANARA BANK


6TH CROSS, KUVEMPU NAGARA,


CHANNAPATNA TOWN,


KARNATAKA-562159.


REP. BY ITS CHIEF MANAGER


…RESPONDENT


(BY SRI. VIGNESH SHETTY, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.V.D.Siddappa, counsel on behalf of Sri.Ramesha H.E., for the petitioners and Sri.Vignesh Shetty, counsel for the respondent appeared in person.

2. The writ petition is filed seeking following reliefs:

(i) Declare that the possession Notice dated 06.05.2023 Ref No.41/SARFAESI/RECOVERY/2023-24 issued by respondent No.1 at Annexure-C is illegal and quash the same;

(ii) Allow this writ petition with costs; and

(iii) Grant any other relief/s as this Hon'ble Court deems fit to grant in the interests of justice.

3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care.

4. The petitioners grievance is about the issuance of a notice under Section 13(4) of the SARFAESI Act. The relief sought by the petitioners cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of decisions that a possession notice cannot be challenged by filing a writ petition. The petition is devoid of merits. Accordingly, the writ petition is dismissed.

Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.

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