- 1 - HC-KAR NC: 2026:KHC:14273 WP No. 12210 of 2024 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. 12210 OF 2024 (GM-DRT) BETWEEN: 1. SMT. BHAVYA W/O LATE MAHADEVA, AGED ABOUT 35 YEARS 2. KUM. CHANDAN M., S/O LATE MAHADEVA, AGED ABOUT 12 YEARS 3. KUM. MAHESH M., S/O LATE MAHADEVA, AGED ABOUT 9 YEARS PETITIONER NO.2 AND 3 ARE THE MINORS AND REP. BY THEIR MOTHER AS NATURAL GUARDIAN ALL ARE R/AT NO.1878/1, 13TH CROSS, BASAVANAGUDI STREET, MANGALALAVARA PETE, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14273 WP No. 12210 of 2024 CHENNAPATNA TOWN, RAMANAGARA-562 160 …PETITIONERS (BY SMT.KAVYSHREE K., ADVOCATE FOR SRI.RAVISHANKAR S., ADVOCATE) AND: CANARA BANK CANARA BANK CHANNAPATNA BRANCH, CHANNAPATNA, RAMANAGAR DISTRICT-562 160 …RESPONDENT (BY SRI. NAUSHAD A.K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE POSSESSION NOTICE AT ANNEXURE-D DATED: 20.10.2023 ISSUED BY THE RESPONDENT BANK BY ALLOWING THE ABOVE PETITION. 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:14273 WP No. 12210 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayer: "Therefore the petitioner prays that this Honourable Court be pleased to i. Set aside the possession notice at Annexure-D dated 20.10.2023 issued by the respondent Bank by allowing the above petition. ii. Issue any other suitable writ, order or direction that this Honourable Court deem fit under the circumstances of the case." 2. It is the contention of the learned counsel for petitioner that the original borrower died on 08.05.2021 and in spite of bringing it to the notice of the respondent, the respondent had issued the impugned notice dated 15.07.2023. It is submitted that the proceedings cannot be continued against the dead person and in support of their case to show that the original borrower is no more and he died on 08.05.2021, they have placed the death certificate. 3. Learned counsel appearing for the respondent does not dispute the same. - 4 - HC-KAR NC: 2026:KHC:14273 WP No. 12210 of 2024 4. Having heard the learned counsels on either side, perused the material on record. The respondent-Bank cannot proceed against the dead person. Accordingly, this court is passing the following: ORDER i. The impugned notice issued under Section 13(2) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 dated 15.07.2023 is set aside. ii. The Bank is at liberty to take appropriate steps in accordance with law. iii. The amount deposited by petitioners, as per the order of this Court, shall be returned to the petitioners. iv. Accordingly, the writ petition is disposed of. v. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 40