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2026 DAILYLAW 10564 (KAR)

MR R LINGAPPA v. M/S THE KARUR VYSYA BANK LIMITED

WP/16135/2025 · 2026-02-13

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8933 WP No. 16135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16135 OF 2025 (GM-DRT) BETWEEN: 1. MR R.LINGAPPA S/O R.NARASAIAH, AGED ABOUT 54 YEARS, 2. MRS L.LALITHAMMA W/O MR.R.LINGAPPA, AGED ABOUT 52 YEARS, BOTH ARE R/AT NEAR RAMAIAH THOTA, KARENAHALLI, DODDBALLAPURA-561 203 3. MR D.JAYAPRAKASH S/O D KRISTAPPA, AGED ABOUT 56 YEARS, R/AT NEAR SARASWATHI SCHOOL ROAD, KARENAHALLI, DODDABALLAPURA-561 203 4. MR K.GOVINDAPPA S/O M.K.CHINNARODDAPPA, AGED ABOUT 57 YEARS, R/AT D NO, C 82, OPP. GANESHA TEMPLE, KARENAHALLI, DODDABALLAPURA-561 203 5. MR. NARESHBABU S/O MR R.LINGAPPA, AGED ABOUT 38 YEARS, R/AT NO.141, BESIDE CABLE RAMESH HOUSE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8933 WP No. 16135 of 2025 KARENAHALLI, DODDABALLAPURA-561 203 …PETITIONERS (BY SMT.KAVITHA D., ADVOCATE) AND: M/S THE KARUR VYSYA BANK LIMITED (REGISTERED UNDER THE COMPANIES ACT, 1956) ASSET RECOVERY BRANCH, DIVISIONAL OFFICE BUILDING, NO.6, SHRI VASAVI TEMPLE ROAD, NEAR SAJJAN RAO CIRCLE, VV PURAM, BENGALURU - 560 004. IFSC CODE KVBL0001343 REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI.VIGNESH SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE THE SALE NOTICE FOR SALE OF IMMOVABLE PROPERTIES DATED 03-04-2025 VIDE ANNEXURE -M AND THE SECTION 14 ORDER DATED 17-10-2023 PASSED BY THE LEARNED CJM, BENGALURU IN CRL.MISC. NO.1062/2023 VIDE ANNEXURE-C ISSUED BY THE RESPONDENT BANK STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE PROVISIONS OF THE SARFAESI ACT, 2002. 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: 2026:KHC:8933 WP No. 16135 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: a) Issue a writ of Certiorari by setting aside the Sale Notice for Sale of Immovable Properties dated 03- 04-2025 vide ANNEXURE-M and the Section 14 Order dated 17-10-2023 passed by the Learned CJM, Bengaluru in Crl.Misc. No.1062/2023 vide ANNEXURE-C issued by the Respondent Bank stating that the entire recovery proceedings initiated by the Respondent Bank against the Schedule Property are illegal and in violation of the provisions of the SARFAESI Act, 2002. b) Issue writ of Mandamus to the Respondent Bank, not to take any further action against the Schedule Property and to accept the Petitioner No.1, 2 & 5's Representation dated 17-04-2025 vide ANNEXURE N to settle their loan accounts through OTS amount of Rs.30.00 Lakh, without any further delay and to give the repossession of the Schedule Property to the Petitioner No.1, 2 & 5. 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. Learned counsel appearing for the petitioner submits that, questioning the sale notice dated 03.04.2025, they have already approached the DRT and questioning the order passed by the CJM, Bengaluru Rural Court dated 17.10.2023, liberty may be given to the petitioner to approach the DRT. - 4 - HC-KAR NC: 2026:KHC:8933 WP No. 16135 of 2025 3. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail appropriate remedy in accordance with law. 4. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 13