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2026 DAILYLAW 10197 (KAR)

GAENSH PRASAD T P R v. SRI SEETHARAGHAVA SOUHARDHA

WP/34451/2024 · 2026-03-24

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16566 WP No. 34451 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 34451 OF 2024 (GM-DRT) BETWEEN: GAENSH PRASAD T P R S/O RUDRARDYA T P R AGED ABOUT 60 YEARS NO.13, 2ND MAIN SRI SAI NILAYA, 2ND FLOOR, AECS LAYOUT, SANJAYA NAGARA RMV 2ND STAGE BENGALURU - 560 094 …PETITIONER (BY SMT. KAVITHA N., ADVOCATE - ABSENT) AND: SRI SEETHARAGHAVA SOUHARDHA SAHAKARA BANK NIYAMITA Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16566 WP No. 34451 of 2024 REP. BY ITS GENERAL MANAGER AUTHORIZED OFFICER KADURU BRANCH, CHIKKAMAGALURU - 577 548 …RESPONDENT (BY SRI. S. LAKSHMINARAYANA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1)QUASH THE E-AUCTION SALE NOTICE BEARING REF NO.49/SSSSBN/2024-25 DATED 16/11/2024-25 DATED 16/11/2024 ISSUED BY THE AUTHORIZED OFFICER, SRI SEETHARAGHAVA SOUDHARDA SAHAKARA BANK NIYAMITA, KADUR BRANCH VIDE ANNEXURE-A IN SO FAR AS PEITTIONERS CONCERN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:16566 WP No. 34451 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayers: "a). Quash the E-Auction Sale Notice bearing Ref No.49/SSSSBN/2024-25 dated 16/11/2024 issued by the Authorized Officer, Sri Seetharaghava Souharda Sahakara Bank Niyamita, Kadur Branch vide "ANNEXURE-A". (In so far as Petitioners concern) b). Issue directions to the Respondent Bank not to take physical possession without following due process of Law. c). Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity." 2. On 23.03.2026, there was no representation on behalf of the petitioner. Hence, the matter was directed to be listed today under the caption for dismissal'. Today also, there is no representation on behalf of the petitioner. - 4 - HC-KAR NC: 2026:KHC:16566 WP No. 34451 of 2024 3. Leaned counsel appearing for the respondent Bank submits that the petitioner has already filed S.A. No.444/2021 before the Debt Recovery Tribunal and the same is posted for orders on 30.04.2026. Hence, it is submitted that the petitioner has already availed an effective alternative remedy and therefore, the present writ petition cannot be entertained by this Court. 4. In view of the above, the writ petition is dismissed. 5. Pending IAS., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 10