Karnataka High Court
Mr Binod Kumar Jaiswal vs Pnb Housing Finance Limited on 8 April, 2026
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NC: 2026:KHC:19397
WP No. 38172 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 38172 OF 2025 (GM-DRT)
BETWEEN:
1. MR BINOD KUMAR JAISWAL
S/O. MR. SHITAL PRASAD JAISWAL,
AGED ABOUT 60 YEARS,
RESIDING AT HOUSE NO.444,
NAGESHWAR COLONY,
OPP THAKURBARIMANDIR,
BAKARGANJ,ARYA KUMAR ROAD,
BANKIPORE,
PATNA, BIHAR- 800004
CURRENTLY R/AT
FLAT NO. 403, NANDA RESIDENCY,
11A AND 11B, 11TH MAIN ROAD,
NATARAJA LAYOUT, JP NAGAR,
7TH PHASE, AREKERE,
BANGALORE - 560078
...PETITIONER
Digitally signed (BY SRI. ANUPAM AGARWAL.,ADVOCATE (ABSENT))
by SUVARNA T
Location: AND:
HIGH COURT
OF
KARNATAKA 1. PNB HOUSING FINANCE LIMITED
REPRESENTED BY ITS BRANCH MANAGER
HAVING REGISTERED OFFICE AT
9TH FLOOR, ANTRIKSH BHAWAN,
22 KASTURBA GANDHI MARG,
NEW DELHI-110001
ALSO HAVING ITS BRANCH OFFICE
AT 3RD AND 4TH FLOOR,
PRESTIGE EMERALD BUILDING,
LAVELLE ROAD, BENGALURU 560 001
2. DR. T.V.S.R.K.V. PRASAD
S/O. T. VENKATRAMAIAH,
AGED ABOUT 58 YEARS,
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NC: 2026:KHC:19397
WP No. 38172 of 2025
HC-KAR
RESIDING AT PADMAVATHI NAGARS PILER,
CHITTOOR DISTRICT- 517214 (A.P.)
3. M/S. N.D. DEVELOPERS (P) LTD.,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 1956
REPRESENTED BY ITS MANAGING DIRECTOR,
ARJUN KUMAR,
HAVING OFFICE AT
NO. 398, 1 (ST) FLOOR,
7 (TH) CROSS, MICO LAYOUT,
BTM 2(ND) STAGE,
BANGALORE- 560076
4. M/S. SUVASTU ESTATES (P) LTD.,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 1956
HAVING OFFICE AT
NO. 49, AMR PLAZA, 18 (TH) MAIN,
HSR LAYOUT 3 (RD) SECTOR,
BANGALORE- 560102
REPRESENTED BY ITS MANAGING DIRECTOR
MR. M. ARJUN KUMAR
5. MR. SARAH RAFIQ,
S/O, UNKNOW
AGED ABOUT MAJOR
7, A STREET BAIDER HALLI,
BENSON TOWN, BENGALURU -560 046.
ALSO AT
3011, 3RD OAK LEAF, OAK LEAF,
KHATHA NO.91/4-536,
91/5-537 AND 92-538,
IN SY.NO.91, 91/4,
91/5 AND 92,
CHEMBENHALLI VILLAGE,
SARJAPURA, ANEKAL TALUK,
BENGALURU 560 061
6. MR.RAZIULLAH KHAN,
S / O UNKNOW
AGED ABOUT MAJOR
7, ECOSPACE, SARJAPUR,
MARATHAHALLI, BELLANDUR,
BENGALURU 560 103
ALSO AT 7, A STREET BAIDER HALLI,
BENSON TOWN, BENGALURU -560 046
ALSOAT
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NC: 2026:KHC:19397
WP No. 38172 of 2025
HC-KAR
3011, 3RD OAK LEAF,
KHATHA NO.91/4-536,
91/5-537 AND 92-538,
IN SY NO. 91, 91/4.
91/5 AND 92,
CHEMBENHALLI VILLAGE,
SARJAPURA,
ANEKAL TALUK,
BENGALURU 560061..
...RESPONDENTS
(BY SRI. SURESH V.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE ORDER DATED 11.04.2023 PASSED BY
THE HONBLE CHIEF JUDICIAL MAGISTRATE. BENGALURU RURAL
DISTRICT, BENGALURU IN CRL.MISC. NO. 1731/2022 AS DETAILED
VIDE ANNEXURE-A INSOFAR AS THEY PURPORT TO ENABLE
RESPONDENT NO. 1 TO TAKE PHYSICAL POSSESSION OR INITIATE
SALE PROCEEDINGS IN RESPECT OF THE PETITIONER PROPERTY
AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
There is no representation on behalf of the petitioner.
2. The present writ petition is filed seeking the following prayer:
"Wherefore, petitioner respectfully prays that this Hon'ble Court be pleased to;
a. Issue a writ of certiorari quashing the order dated 11.04.2023 passed by the Hon'ble Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in Crl.Misc.No.1731/2022 as detailed vide annexure--4-
NC: 2026:KHC:19397 WP No. 38172 of 2025 HC-KAR A insofar as they purport to enable respondent No.1 to take physical possession or initiate sale proceedings in respect of the petitioner property.
b. Issue a writ of mandamus directing respondent No.1 to forthwith discharge the petitioner property from all recovery, enforcement, or possession proceedings arising out of the loan allegedly availed by respondent No.5 and 6, and to recognize the petitioner lawful and bona fide ownership c. Declare that the petitioner are bona fide purchasers for valuable consideration and are entitled to peaceful possession and enjoyment of the schedule property free from interference by any of the respondents.
d. Pass such other order(s) as this Hon'ble court may deem fit, proper, and necessary in the interests of justice and equity."
3. The writ petition is filed against the respondent Bank which is not a nationalized bank. 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 PNB Housing Finance Limited, which is a finance company.
4. In that view of the matter, this Court is passing the following:
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NC: 2026:KHC:19397 WP No. 38172 of 2025 HC-KAR ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy.
ii. As the petitioner has the benefit of interim order from 19.12.2024, the same shall be continued for a period of four weeks.
iii. The petitioner shall have the benefit of Section 14 of the Limitation Act.
iv. All pending I.As., in the writ petition shall stand closed.
SD/-
(LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 19