- 1 - HC-KAR NC: 2025:KHC:43562 WP No. 31399 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 31399 OF 2025 (GM-DRT) BETWEEN: 1. M.R. RANJITH, MAJOR, AGED ABOUT 50 YEARS, S/O LATE RAMEGOWDA, 2. JAYATHA, MAJOR, AGED ABOUT 25 YEARS, D/O M.R. RANJITH, 3. JAYA ADITHYA, MAJOR, AGED ABOUT 29 YEARS, S/O M.R. RANJITH, ALL ARE RESIDING AT: MUGUTHIHALLI POST, CHIKMAGALURU TALUK AND DISTRICT 577132. …PETITIONERS (BY SRI. GIRISH B BALADARE.,ADVOCATE) AND: THE MANAGER, CANARA BANK, TOGARIHANKAL HOSPETE BRANCH, CHIKKAMAGALURU TALUK Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43562 WP No. 31399 of 2025 AND DISTRICT 577132. …RESPONDENT (BY MS.NATASHA N. MURTHY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTIONS OR ORDER QUASHING THE ANNEXURE - 'B' THAT IS THE SALE NOTICE DATED 25-09-2025 FOR E- AUCTION OF IMMOVABLE PROPERTY SCHEDULED ON 31-10-2025 ISSUED BY THE RESPONDENT BANK I.E., THE MANAGER, CANARA BANK, TOGARIHANAKAL HOSPETE BRANCH, CHIKKAMAGALURU TALUK AND DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY TO THE PETITIONER CONCERNED AND GRANT SUCH OTHERS RELIEF'S AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43562 WP No. 31399 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the sale notice dated 25.09.2025, where the auction is scheduled to be held on 31.10.2025. It is the case of the petitioners that they are the owners of the agricultural land measuring 14 acres 6 guntas situated at Mattavara Village, Kasaba Hobli, Chikkamagalur District and by mortgaging the said property, they have availed a loan amount of Rs.30,00,000/- (Rupees Thirty Lakh) from the bank. As the petitioners failed to pay the amount, the bank has initiated the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the possession notice was issued on 05.12.2024. Later, they have issued the E-Auction notice. 2. When this matter came up before this Court on the last occasion, learned counsel appearing for the petitioners submitted that they are ready to pay the amount. This Court is conscious of the scope of interference of this Court in these - 4 - HC-KAR NC: 2025:KHC:43562 WP No. 31399 of 2025 matters but considering the fact that they are ready to pay the amount, this Court had asked the petitioners to file an affidavit of undertaking. Today the undertaking affidavit is filed before this Court. Wherein, it is stated that they have paid an amount of Rs.2,00,000/- (Rupees Two Lakh) and Rs.5,00,000/- (Rupees Five Lakh) on 09.10.2025 and now, according to him, the outstanding amount is Rs.26,14,604.55/- (Rupees Twenty Six Lakh Fourteen Thousand Six Hundred Four and Fifty Five paise) and it is stated in the undertaking affidavit that they will pay the first installment on or before 01.01.2026 of an amount of Rs.10,00,000/- and remaining balance amount of Rs.11,14,604.55/- shall be paid on or before 01.03.2026. 3. Learned counsel appearing for the Bank submits that the outstanding amount as on 09.10.2025 is Rs.28,33,834/- (Rupees Twenty Eight Lakh Thirty Three Thousand Eight Hundred and Thirty Four). It is submitted by the counsel for the respondent/Bank that the petitioners are seeking time till March 2026, that is not acceptable to the Bank as they have already initiated the proceedings and the sale notice is also issued. The petitioners, by mortgaging the land - 5 - HC-KAR NC: 2025:KHC:43562 WP No. 31399 of 2025 which is a coffee estate, have obtained the loan and the loan amount is Rs.30,00,000/- and odd. 4. Considering the fact that the outstandingamount is Rs.28,33,834/- and the affidavit of undertaking is filed by the petitioners, this Court is passing the following: ORDER i. The sale notice dated 25.09.2025, where the auction is scheduled to be held on 31.10.2025 is set-aside on the condition that the petitioners shall pay an amount of Rs.7,08,458/- (Rupees Seven Lakh Eight Thousand Four Hundred Fifty Eight) before the auction tomorrow and remaining amount of Rs.7,08,458/- on 30.11.2025, Rs.7,08,458/- on 30.12.2025 and an amount of Rs.7,08,458/- on 30.01.2026. In the last installment, along with Rs.7,08,458/- the incidental expense/interest/ miscellaneous other expenses if any due to the Bank shall be paid. The Bank shall inform the petitioners what is the amount to be added in the last installment on or before 20th January 2026. - 6 - HC-KAR NC: 2025:KHC:43562 WP No. 31399 of 2025 ii. If there is any default on the part of the petitioners, the respondent/Bank is at liberty to initiate further proceedings. iii. Accordingly, the writ petition is disposed of. iv. All I.A’s in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE CBC List No.: 2 Sl No.: 25