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Karnataka High Court

Jameer Pasha vs M/S. Ikf Home Finance Limited on 11 February, 2026

                                              -1-
                                                            NC: 2026:KHC:8843
                                                          WP No. 3316 of 2026


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF FEBRUARY, 2026

                                           BEFORE
                            THE HON'BLE MR. JUSTICE ASHOK S.KINAGI


                          WRIT PETITION NO. 3316 OF 2026 (GM-DRT)


                   BETWEEN:

                   1.    JAMEER PASHA
                         S/O.SHAFIULLA
                         AGED ABOUT 42 YEARS
                         R/AT.NO.126, MELEKOTE ROAD
                         KURIPALYA, AK COLONY MAIN ROAD
                         SG EXTENSION, TUMAKURU
                         TUMAKURU -572 102

                   2.    SIKANDAR
                         S/O SHAFIULLA
                         AGED ABOUT 35 YEARS
                         R/AT.NO.126, MELEKOTE ROAD
                         KURIPALYA, AK COLONY MAIN ROAD
Digitally signed         EXTENSION TUMAKURU
by KIRAN
KUMAR R                  TUMAKURU -572 102
Location: HIGH
COURT OF           3.    NAGINABANU
KARNATAKA                W/O JAMEER PASHA
                         AGED ABOUT 36 YEARS
                         R/AT. NO.126, MELEKOTE ROAD
                         KURIPALYA, AK COLONY MAIN ROAD
                         SG EXTENSION TUMAKURU
                         TUMAKURU-572 102

                   4.    S.SIMRANTAJ
                         W/O.SIKANDAR
                         AGED ABOUT 28 YEARS
                         R/AT. NO.126, MELEKOTE ROAD
                         KURIPALYA, AK COLONY MAIN ROAD
                              -2-
                                            NC: 2026:KHC:8843
                                          WP No. 3316 of 2026


HC-KAR




    SG EXTENSION TUMAKURU
    TUMAKURU-572 102
                                                 ...PETITIONERS

(BY SRI. MOHAMMED UMMAR FAROOQ., ADVOCATE)

AND:

M/S. IKF HOME FINANCE LIMITED
M/S IKF HOME FINANCE LIMITED
AT PLOT NO.30/A, SY.NO.83/1
MY HOME TWITZA, 11TH FLOOR
DIAMOND HILLS, LUMBINI AVENUE
B/S GIS SUBSTATION, APIIC HYDERABAD
KNOWLEDGE CITY, RAIDURG
HYDERABAD T.S.-500032
REP BY ITS AUTHORIZED OFFICER
BENGALURU-560 071
                                                 ...RESPONDENT

(BY SRI.VIJAY S., ADVOCATE FOR C/R IN CP 1925/2026)


       THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF         INDIA PRAYING     TO    SET   ASIDE
IMPUGNED      VACATE      NOTICE   DTD.     21.01.2026     REF.
IKFHEL/TVN/TK/JAN/2026/02 ISSUED BY THE RESPONDENT
VIDE ANNEXURE-A. GRANT AN INTERIM ORDER TO STAY THE
IMPUGNED      VACATE      NOTICE   DTD.     21.01.2026     REF.
IKFHEL/TVN/TK/JAN/2026/02 ISSUED BY THE RESPONDENT
VIDE ANNEXURE-A.


       THIS   PETITION,   COMING    ON     FOR     PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
                             -3-
                                            NC: 2026:KHC:8843
                                          WP No. 3316 of 2026


HC-KAR




CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

                       ORAL ORDER

The petitioners filed this writ petition challenging the impugned vacate notice dated 21.01.2026 vide Annexure-A.

2. The respondents have initiated recovery proceedings by filing a petition under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act' for short) in Crl.Misc.No.10/2026 on the file of the learned Principal Senior Civil Judge and CJM, Tumakuru ('Magistrate Court' for short). The said petition came to be allowed vide order dated 21.01.2026. The petitioners, without challenging the order passed under Section 14 of the SARFAESI Act, filed this writ petition. Hence, the writ petition filed by the petitioners is not maintainable and accordingly, dismissed.

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NC: 2026:KHC:8843 WP No. 3316 of 2026 HC-KAR

3. A liberty is reserved to the petitioner to challenge the order dated 21.01.2026 passed in Crl.Misc.No.10/2026 by the Magistrate Court.

4. In the meanwhile, the respondent is directed not to precipitate the matter for 15 days from the date of receipt of a certified copy of this order.

5. In view of dismissal of the petition, pending application(s), if any, shall stand disposed of.

Sd/-

(ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 36