- 1 - HC-KAR NC: 2026:KHC:14315 WP No. 21489 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21489 OF 2022 (GM-DRT) BETWEEN: SRI. A.N. SATHYANARAYANA GOWDA S/O LATE NAGAPPA GOWDA, AGED 55 YEARS RESIDING AT SY.NO.29, HARANAHALLI ROAD, AYANURU KOTE, AYANURU, SHIVAMOGGA DIST. - 577 211. …PETITIONER (BY SMT. SANDHYA U. PRABHU, ADVOCATE - ABSENT) AND: CANARA BANK REPRESENTED BY ITS AUTHORIZED OFFICER, KUMSI BRANCH, SHIVAMOGGA DISTRICT - 577 423. …RESPONDENT (BY SRI. BRIJESH CHANDER GURU, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK NOT TO TAKE ANY COERCIVE STEPS AGAINST THE MORTGAGED PROPERTY TILL THE DISPOSAL OF APPEAL PENDING ON THE FILE OF HON'BLE DEBTS RECOVERY Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14315 WP No. 21489 of 2022 TRIBUNAL II AT BANGALORE IN S.A.NO.168/2022 PRODUCED AT ANNEXURE-G. THIS PETITION COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “A) Issue a writ of mandamus directing the respondent bank not to take any coercive steps against the mortgaged property till the disposal of appeal pending on the file of Hon'ble Debts Recovery Tribunal II at Bangalore in S.A.No.168/2022 produced at Annexure- G. B) Such further and other reliefs as this Hon'ble court may consider fit and proper in the facts and circumstances of the case; - 3 - HC-KAR NC: 2026:KHC:14315 WP No. 21489 of 2022 2. As there was no representation on behalf of the petitioner on the last occasion, this matter was directed to be listed today under the caption for ‘dismissal’. Today also, there is no representation on behalf of the petitioner. 3. The learned counsel appearing for the respondent Bank submits that, a memo has been filed on 30.05.2024 stating that the petitioner died on 10.10.2023. 4. Having heard the learned counsel appearing for the respondent Bank, perused the material on record. 5. Considering the fact that the petitioner is no more, the respondent Bank has to take appropriate steps in accordance with law. Hence, the impugned notice issued under Section 13(2) of the SARFAESI Act is liable to be set aside. 6. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the impugned notice dated 30.10.2023 is set aside and the writ petition is allowed. - 4 - HC-KAR NC: 2026:KHC:14315 WP No. 21489 of 2022 ii. The respondent Bank is at liberty to take appropriate steps in accordance with law and this order will not preclude the respondent Bank from taking such proceedings. Sd/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 8