Full Judgment Text
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NC: 2026:KHC:20085
WP No. 9894 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 10 DAY OF APRIL, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 9894 OF 2026 (GM-DRT)
BETWEEN:
MR. KANDERA K SURESH
S/O LATE KUSHALAPPA
AGED ABOUT 67 YEARS
R/AT BILUR VILLAGE AND POST
PONNAPPASARTHE POST
KODAGU DISTRICT
KARNATAKA - 571 213.
…PETITIONER
(BY SRI SANATH KUMAR SHETTY K, ADV., FOR
SRI A.K. VASANTHA, ADV.)
AND:
1. CANARA BANK
ARM BRANCH
CANARA BANK BUILDING
HAMPANKATTA, BALMATTA ROAD
MANGALURU - 575 001
REPRESENTED BY ITS
AUTHORISED OFFICER.
2. CANARA BANK
PONNAMPET BRANCH
KODAGU DISTRICT - 571 216
REPRESENTED BY ITS
SENIOR MANAGER.
…RESPONDENTS
Digitally
signed by
NANDINI M S
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI K.V. LOKESH, ADV., C/R-1)
THIS WP IS FILED PRAYING TO-A) SET ASIDE THE SALE
NOTICE DATED 09.05.2025 VIDE REF ARM/MNG/77/2025-26 ISSUED
BY THE 1 RESPONDENT IN RESPECT OF THE IMMOVABLE
PROPERTIES BEARING SY NO.144/8, MEASURING 0.21 ACRES, AND
SY.NO.143/3 MEASURING 0.57.50 ACRES AND SY.NO. 123/5
MEASURING 4.25 ACRES AND SY.NO.143/1 MEASURING 2.07 ACRES
AND SY NO. 144/3 MEASURING 5.40 ACRES AND SY.NO.144/9
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NC: 2026:KHC:20085
WP No. 9894 of 2026
HC-KAR
MEASURING 5.77.50 ACRES ALL THE PROPERTIES ARE SITUATED AT
BILOOR VILLAGE, VIRAJPET, KODAGUVIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking for the following
prayers:-
"a) to issue a writ of Certiorari or any other writ/s,
direction/s, order/s by setting aside the sale notice
dated 09.05.2025 vide Ref: ARM/MNG/77/2025-26
issued by the 1st respondent in respect of the
immovable properties bearing sy.no.144/8,
measuring 0.21 acres, and sy.no.143/3 measuring
0.57.50 acres and sy.no. 123/5 measuring 4.25
acres and sy.no.143/1 measuring 2.07 acres and
sy.no. 144/3 measuring 5.40 acres and sy.no.144/9
measuring 5.77.50 acres all the properties are
situated at Biloor village, Virajpet, Kodaguvide
Annexure-A;
b) to award the costs of the proceedings ;
c) and to pass such other order/s as this Hon'ble
court deems fit in the facts and circumstances of
the case, in the interest of justice and equity."
2. Learned counsel for the respondent/Bank submits
that no sale was conducted pursuant to the Notice dated
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NC: 2026:KHC:20085
WP No. 9894 of 2026
HC-KAR
09.05.2025, which is impugned before this Court. It is
submitted that thereafter, they have issued another Sale Notice
dated 03.02.2026 and auction was conducted and Sale
Certificate was also issued in favour of the auction purchaser.
3. In that view of the matter, petitioner has to
question the Sale Certificate and other proceedings that have
taken place subsequent thereto. Accordingly, this Court is
passing the following:
ORDER
(i) Accordingly, The writ petition is disposed of
by giving liberty to the petitioner to avail
appropriate remedy before the DRT.
(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
DN/List No.: 1 Sl No.: 6