- 1 - HC-KAR NC: 2026:KHC:20085 WP No. 9894 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9894 OF 2026 (GM-DRT) BETWEEN: MR. KANDERA K SURESH S/O LATE KUSHALAPPA AGED ABOUT 67 YEARS R/AT BILUR VILLAGE AND POST PONNAPPASARTHE POST KODAGU DISTRICT KARNATAKA - 571 213. …PETITIONER (BY SRI SANATH KUMAR SHETTY K, ADV., FOR SRI A.K. VASANTHA, ADV.) AND: 1. CANARA BANK ARM BRANCH CANARA BANK BUILDING HAMPANKATTA, BALMATTA ROAD MANGALURU - 575 001 REPRESENTED BY ITS AUTHORISED OFFICER. 2. CANARA BANK PONNAMPET BRANCH KODAGU DISTRICT - 571 216 REPRESENTED BY ITS SENIOR MANAGER. …RESPONDENTS (BY SRI K.V. LOKESH, ADV., C/R-1) THIS WP IS FILED PRAYING TO-A) SET ASIDE THE SALE NOTICE DATED 09.05.2025 VIDE REF ARM/MNG/77/2025-26 ISSUED BY THE 1 RESPONDENT IN RESPECT OF THE IMMOVABLE PROPERTIES BEARING SY NO.144/8, MEASURING 0.21 ACRES, AND SY.NO.143/3 MEASURING 0.57.50 ACRES AND SY.NO. 123/5 MEASURING 4.25 ACRES AND SY.NO.143/1 MEASURING 2.07 ACRES AND SY NO. 144/3 MEASURING 5.40 ACRES AND SY.NO.144/9 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20085 WP No. 9894 of 2026 MEASURING 5.77.50 ACRES ALL THE PROPERTIES ARE SITUATED AT BILOOR VILLAGE, VIRAJPET, KODAGUVIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking for the following prayers:- "a) to issue a writ of Certiorari or any other writ/s, direction/s, order/s by setting aside the sale notice dated 09.05.2025 vide Ref: ARM/MNG/77/2025-26 issued by the 1st respondent in respect of the immovable properties bearing sy.no.144/8, measuring 0.21 acres, and sy.no.143/3 measuring 0.57.50 acres and sy.no. 123/5 measuring 4.25 acres and sy.no.143/1 measuring 2.07 acres and sy.no. 144/3 measuring 5.40 acres and sy.no.144/9 measuring 5.77.50 acres all the properties are situated at Biloor village, Virajpet, Kodaguvide Annexure-A; b) to award the costs of the proceedings ; c) and to pass such other order/s as this Hon'ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Learned counsel for the respondent/Bank submits that no sale was conducted pursuant to the Notice dated - 3 - HC-KAR NC: 2026:KHC:20085 WP No. 9894 of 2026 09.05.2025, which is impugned before this Court. It is submitted that thereafter, they have issued another Sale Notice dated 03.02.2026 and auction was conducted and Sale Certificate was also issued in favour of the auction purchaser. 3. In that view of the matter, petitioner has to question the Sale Certificate and other proceedings that have taken place subsequent thereto. Accordingly, this Court is passing the following: ORDER (i) Accordingly, The writ petition is disposed of by giving liberty to the petitioner to avail appropriate remedy before the DRT. (ii) The petitioner shall have the benefit of Section 14 of the Limitation Act, 1963. (iii) All pending I.As., in the writ petition, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE DN/List No.: 1 Sl No.: 6