- 1 - HC-KAR NC: 2025:KHC:20787 WP No. 9926 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9926 OF 2025 (GM-RES) BETWEEN: 1. SANTHOSH C J S/O JAGADISHWRAYA AGED ABOUT 41 YEARS R/AT K M ROAD KADUR CHIKKAMAGALUR DISTRICT 77548 2. SMT SUVARNAMMA C N W/O JAGADISHWRAYA AGED ABOUT 58 YEARS R/AT 146 WARD NO 21 BOVI COLONY, SUBASH NAGAR, KADUR CHIKKAMAGALUR DISTRICT 77548 …PETITIONERS (BY SRI. SURENDRA Y S., DVOCATE) AND: 1. CANARA BANK., BILUVALA BRANCH, YAGATI HOBLI, ADUR TALUK, CHIKKAMAGALURU DISTRICT 77548 REPRESENTED BY ITS AUTHORISED SIGNATORY 2. SUNIL U, O UMESH, AGED MAJOR R/AT YAGATIPURA, YAGATI HOBLI, ADUR TALUK, CHIKKAMAGALURU DISTRICT 77548 (SALE AUCTION PURCHASER) …RESPONDENTS (BY SRI. HEMANTH RAO., ADVOCATE FOR SRI. H.S.RUKKOJI RAO., ADVOCATE FOR R-1; SRI. C.T.PARAMESHWARAPPA., ADVOCATE FOR R-2) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20787 WP No. 9926 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO SET ASIDE THE AUCTION SALE DTD. 25.03.2025 WHICH IS AT ANNX-A AND CONSEQUENTLY RESTRAINED THE R-1 FROM ISSUING SALE CERTIFICATE TO THE R-2 FROM TAKING THE PHYSICAL POSSESSION, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARIN , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the petitioners files a memo alongwith Affidavit of petitioner No.1 and submits that the petitioners undertake to clear the liability of respondent Bank in terms of the averments made in the Affidavit. 2. The Affidavit is taken on record. It reads as follows:- "I, Santhosh CJ, S/o Jagadishwraya, Aged about 41 years, R/at K M Road Kadur, Chikkamagalur District 577548 do hereby solemnly affirm and state on oath as follows: 1. I submit that I am the petitioner No.1 I am the borrower and petitioner no2 is my mother who is a guarantor, I know the facts of the case hence, I am swearing to this affidavit on behalf of me and on behalf of other petitioner. - 3 - HC-KAR NC: 2025:KHC:20787 WP No. 9926 of 2025 2. I submit that the respondent bank had approved loan over collateral for a total loan amount of Rs.24,50,000/- (Rupees Twenty four Lakhs Fifty thousand only). 3. I submit that due to some unforeseen circumstances I was not able to repay the loan to the respondent bank to the same the bank have taken action and issued NPA and also issued demand notice later issued possession notice. 4. I submit that, the respondent bank issued Auction Sale notice dated 25.03.2025 Even though the I was ready to one settlement and also paid 3.30 Lakhs to the respondent Baba submit that, the respondent bank tried to take over possession against the collateral and to the same I along the other petitioner approached this Hon'ble Court seeking relief. 5. I submit that this Hon'ble Court issued an interim stay on 02/04/2025 as prayed for and directed to deposit 50% of the Loan amount. I submit that, to the same I have obeyed the orders of this Hon'ble Court and have deposited said 50% of the amount to the respondent bank. 6. I submit that, on 09/06/2025 the matter was heard before this Hon'ble Court and the respondent bank has also acknowledged the 50% amount being received by them and to the said balance loan amount this Hon'ble Court directed to file an affidavit. - 4 - HC-KAR NC: 2025:KHC:20787 WP No. 9926 of 2025 7. I submit that I herewith request this Hon'ble Court to kindly grant 4 weeks time to clear the balance loan amount due to the respondent bank. Wherefore I request this Hon'ble Court to consider my affidavit and grant time. What is stated above are true and correct to the best of my knowledge and belief." 3. Learned counsel appearing for the respondent Bank submits that, if the petitioners were to clear the balance amount as shown in the loan account within a period of four weeks as recorded in para-7 of the Affidavit, the matter may be disposed of. 4. In light of the Affidavit filed and the stand of respondent Bank as submitted hereinabove, the petition does not call for any adjudication and is accordingly disposed off as settled in terms of the Affidavit extracted supra, which settlement has been accepted by the respondent Bank. - 5 - HC-KAR NC: 2025:KHC:20787 WP No. 9926 of 2025 5. It is needless to state that, in the event of any default, the matter would stand revived. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR