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2025 DAILYLAW 48584 (KAR)

T V KUMAR v. THE CANARA BANK

WP/10320/2024 · 2025-10-27

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42689 WP No. 10320 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10320 OF 2024 (GM-DRT) BETWEEN: 1. T V KUMAR S/O LATE VARADARAJU AGED 46 YEARS VINOBHANAGAR OPP VISHWAS JEWELLERY NEAR GANAPATHY TEMPLE B H ROAD, TUMKUR-572 101 2. N PUSHPA W/O T V KUMAR AGED ABOUT 43 YEARS R/AT VENKATADRINILAYA HOMBAIAHNAPALYA NEAR ROOPA SHANIYARA HOUSE SIRA GATE TUMKUR-572 102 …PETITIONERS (BY SRI. KARUMBAIAH T.A., ADVOCATE) AND: 1. THE CANARA BANK TUMKUR MAIN BRANCH P B NO.39 3636/5256 ASHOK ROAD TUMKUR-572 101 BY THE BRANCH MANAGER Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42689 WP No. 10320 of 2024 2. THE AUTHORIZED OFFICER ASSISTANT MANAGER CANARA BANK TUMKUR MAIN BRANCH P B NO.39, 3636/5256 ASHOK ROAD, TUMKUR-572 101 3. YOGESH KOTHAMARANA HALLI NEAR KYAR SANDRA TUMKUR TALUK AND DISTRICT-572107 (RESPONDENT NO.3 DELETED AS PER THE ORDER DATED 22.04.2024) …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1 AND R2; SRI. G.R.PRAVEENKUMAR, ADVOCATE FOR PROPOSED RESPONDENT ON I.A.NO.4/2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSITUTION OF INDIA PRAYING TO QUASH ANNEXURE-C THE AUCTION NOTIFICATION DATED 30.12.2023 ISSUED BY THE R2 IN RESPECT OF THE SCHEDULE PROPERTY AND PUBLISHED IN KANNADA PRABHA DAILY NEWSPAPER AND ALL THE FURTHER PROCEEDINGS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:42689 WP No. 10320 of 2024 ORAL ORDER The present writ petition is filed questioning the auction notification dated 30.12.2023 issued by respondent No.2 in respect of the schedule property. 2. Learned counsel for the petitioner submits that an order of status quo was granted on 15.04.2024. Subsequently, another sale notice was issued on 14.02.2024 and the sale took place on 29.02.2024 and the sale certificate was issued on 28.03.2024. It is submitted that liberty may be given to the petitioner to approach the Debt Recovery Tribunal. 3. When the sale notification that is issued on 30.12.2023 is the subject matter of this writ petition and basing on the subsequent notifications, already sale certificate is registered in favour of the auction purchaser, in those circumstances, question of granting liberty in respect of the auction notice dated 30.12.2023 does not arise. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. - 4 - HC-KAR NC: 2025:KHC:42689 WP No. 10320 of 2024 ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 3