Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:20695 WP No. 32350 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 32350 OF 2024 (GM-DRT) BETWEEN:
1. B.K.THIMMAIAH AGED ABOUT 65 YEARS, S/O. B.B. KUTTAPPA, ORIGINAL R/OF NO.20/55, OMAKARESHWARA TEMPLE ROAD, MADIKERI - 571 201 BUT PERMANENT R/O BENGALURU, AT NO.6, ROYAL PARK BUILDING, BEHIND REGENTA, SHIVAJI NAGAR, BENGALURU - 560 051
2. SMT. K K KANTHAMANI AGED ABOUT 60 YEARS, W/O B K THIMMAIAH, PERMANENT R/O BENGALURU, AT NO.6, ROYAL PARK BUILDING, BEHIND REGENTA, SHIVAJI NAGAR, BENGALURU - 560 051
3. DR B ARJUN THIMMAIAH S/O SHRI B. K THIMMAIAH, AGED ABOUT 40 YEARS, S/O B K THIMMAIAH, EMPLOYED AND RESIDING IN ODHISHA,. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:20695 WP No. 32350 of 2024
4. B NAKUL THIMMAIAH S/O SHRI B K THIMMAIAH, AGED ABOUT 36 YEARS, AT NO. 6, ROYAL PARK BUILDING, BEHIND REGENTA, SHIVAJI NAGAR, BENGALURU - 560 051 …PETITIONERS (BY SRI. C. ANANTHA KUMAR, ADVOCATE) AND:
1. CANARA BANK NO.6648, 112, J.C. ROAD, BENGALURU, KARNATAKA - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR AND CEO
2. THE AUTHORISED OFFICER CANARA BANK, ASSET RECOVERY MANAGEMENT BRANCH, CIRCLE OFFICE, BALMATTA ROAD, MANGALORE - 575 001
3. THE SENIOR MANAGER CANARA BANK, BIRUNANI BRANCH, VIRAJPET TALUK KODAGU DISTRICT - 571 218, …RESPONDENTS (BY SMT. LATHA SHETTY, ADVOCATE FOR C/R2 AND ALSO R1 AND R3)
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HC-KAR NC: 2026:KHC:20695 WP No. 32350 of 2024
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTION TO HOLD THAT THE PROVISIONS OF SARFAESI ACT 2002 AS NOT APPLICABLE TO PETITIONERS LOAN AND THE SECURITY OF THE AGRICULTURE LAND AS EXEMPT FROM SECURITISATION PROCEEDINGS UNDER SECTION 31(1) OF SARFAESI ACT 2002, REITERATED BY THE HONBLE SUPREME COURT IN ITC-VS- BLUE COAST HOTELS 2018 (15) SCC 99 AND K SREEDHAR - VS-RAUS CONSTRUCTIONS 2023 (11) SCC 169 AND ETC. 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
ORAL ORDER
A memo is filed stating that the writ petition has become infructuous on account of the respondent executing the sale deed by issuing a sale certificate in favour of the auction purchaser during the pendency of the above petition. Hence, prays that the writ petition may be dismissed as withdrawn. 2. The memo is taken on record. - 4 -
HC-KAR NC: 2026:KHC:20695 WP No. 32350 of 2024
3. Hence, the writ petition is dismissed as withdrawn. All I.As. in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE
SS List No.: 1 Sl No.: 80