Karnataka High Court
M/S Piramal Capital And Housing Finance ... vs Anushka D/O Shivaputrappa Akki on 9 October, 2025
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CRP No. 100121 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CIVIL REVISION PETITION NO.100121 OF 2024
BETWEEN:
M/S. PIRAMAL CAPITAL AND HOUSING FINANCE LTD.,
EARLIER KNOWN AS DEWAN AND HOUSING
CORPORATION LTD.,
NEAR KRISHNA TALKIES, BUS STAND ROAD,
GADAG, PIN CODE-582 101,
REPRESENTED BY LETTER OF AUTHORITY HOLDER,
MALLIKARJUN S/O GOUDAPPA HADAGALLI,
AGE. 44 YEARS, OCC. EMPLOYEE OF
PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,
ADDRESS: SHOP NO.4 AND 5, 2ND FLOOR,
TIRUMALA TRADE CENTRE, CTS NO.144 AND 145,
CHENNAMMA CIRCLE, HUBLI, PIN CODE-580 029.
... PETITIONER
(BY SRI. SACHIN C. ANGADI, ADVOCATE)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
AND:
CHANDRASHEKAR
LAXMAN Location: HIGH
KATTIMANI COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2025.10.15
10:05:29 +0100 1. ANUSHKA D/O SHIVAPUTRAPPA AKKI,
AGE. 23 YEARS, OCC. PRIVATE WORK,
R/O. SHIRAHATTI, TQ. SHIRAHATTI,
DIST. GADAG, PIN CODE-582 120,
PRESENTLY RESIDING AT: BANKERS COLONY,
GADAG, PIN CODE-582 101.
2. AKSHATA D/O SHIVAPUTRAPPA AKKI,
AGE. 23 YEARS, OCC. STUDENT,
R/O. SHIRAHATTI, TQ. SHIRAHATTI,
DIST. GADAG, PIN CODE-582 120,
PRESENTLY RESIDING AT: BANKERS COLONY,
GADAG, PIN CODE-582 101.
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3. VINAY S/O SHIVAPUTRAPPA AKKI,
AGE. 13 YEARS, OCC. STUDENT,
R/O. SHIRAHATTI, TQ. SHIRAHATTI,
DIST. GADAG, PIN CODE-582 101,
THE PETITIONER NO.3 IS THE MINOR
HENCE R/BY HIS MOTHER NATURAL
GUARDIAN MOTHER BHARATI
W/O SHIVAPUTRAPPA AKKI,
WHO IS RESPONDENT NO.4
IN THE ABOVE WRIT PETITION.
4. BHARATI W/O SHIVAPUTRAPPA AKKI,
AGE. 48 YEARS, OCC. HOUSE WIFE,
R/O. SHIRAHATTI, TQ. SHIRAHATTI,
DIST. GADAG, PIN CODE-582 120,
PRESENTLY RESIDING AT: BANKERS COLONY,
GADAG, PIN CODE-582 101.
5. SHIVAPUTRAPPA AKKI,
AGE. 58 YEARS, OCC. BUSINESS,
R/O. SHIRAHATTI, TQ. SHIRAHATTI,
DIST. GADAG, PIN CODE-582 120,
PRESENTLY RESIDING AT: BANKERS COLONY,
GADAG, PIN CODE-582 101.
... RESPONDENTS
(VIDE ORDER DATED 07.08.2025 NOTICE
TO RESPONDENTS ARE HELD SUFFICIENT)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115
OF CPC, PRAYING TO ADMIT THE REVISION PETITION AND CALL FOR
THE RECORDS OF THE COURTS BELOW AND ALLOW THE REVISION
PETITION SETTING ASIDE THE IMPUGNED ORDER ON I.A.NO.2,
DATED 03.07.2024 IN BEARING CASE NUMBER O.S.09/2023 FILE
PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC,
LAXMESHWAR, THE COPY OF THE IMPUGNED ORDER AT ANNEXURE-D
AND CONSEQUENTLY ALLOW THE I.A.2 FILED BY THE REVISION
PETITIONER/DEFENDANT NO.2 FILED UNDER ORDER VII RULE 11(D)
CPC, R/W SECTION 34 OF SARFAESI ACT, 2002 AND SECTION 151 OF
CPC IN BEARING CASE NO.O.S.09/2023 FILE PENDING BEFORE THE
SENIOR CIVIL JUDGE AND JMFC, LAXMESHWAR, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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CRP No. 100121 of 2024
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
1. This petition is filed assailing the order dated
03.07.2024 in OS No.9 of 2023, on the file of
learned Senior Civil Judge, Lakshmeshwar.
2. In terms of the said order, the petitioner's
application under Order VII Rule 11(d) of the Code
of Civil Procedure (for short 'CPC') to reject the
plaint, is rejected by the Trial Court. Hence, the
petitioner is before this Court.
3. The petitioner is defendant No.2 before the Trial
Court. Defendant No.1 had borrowed loan from the
defendant No.2/petitioner. As the loan amount is
not repaid, defendant No.2/petitioner initiated
proceedings under the Securitisation and
Reconstruction of Financial Assets and Enforcement
of Security Interest Act (for short 'SARFAESI Act').
The petitioner-defendant No.2 claims the taken
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possession pursuant to the proceedings held under
the said Act. Thereafter, the daughters, son and
wife of defendant No.1 filed a suit for partition
arraigning borrower as well as the lender as
defendants in the said suit bearing O.S.No.9 of
2023.
4. Respondents though served with the notice, have
not chosen to appear before this Court.
5. Defendant No.2-lender took a contention that since
the possession is taken pursuant to the action
initiated under the SARFAESI Act, the suit is not
maintainable and the remedy for the plaintiffs, if
any, is to approach the Debt Recovery Tribunal
under Section 17 of the SARFAESI Act. The
contention was rejected.
6. Learned counsel for petitioner would place reliance
on the judgment of Hon'ble Apex Court in Jagdish
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Singh v. Heeralal and others1, and M/s Sree
Anandhakumar Mills Ltd. v. M/s Indian
Overseas Bank and Ors2
7. Considering the ratio in the aforementioned
judgments, this Court of the view that the plaintiffs,
who filed a suit for partition, have remedy under
Section 17 of the SARFAESI Act. Thus, the Trial
Court could not have rejected an application to
reject the plaint.
8. Hence, the following:
ORDER
i. Writ petition is allowed.
ii. Impugned order dated 03.07.2024 passed in
O.S.No.9/2023 on I.A.No.2, is set-aside.
(2014) 1 SCC 479
(2019) 14 SCC 788
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iii. The plaint in O.S.No.9/2023 is rejected.
Notwithstanding the rejection of the plaint, the
plaintiffs in the said suit are at liberty to initiate
appropriate action under Section 17 of the
SARFAESI Act.
iv. Before petitioner-Bank taking steps to alienate the
property, the petitioner-Bank shall also issue notice
to defendant No.2/borrower to repay the amount so
as to enable them a chance to save the property.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
AM/-
CT:BCK
LIST NO.: 1 SL NO.: 56.
