- 1 - HC-KAR NC: 2026:KHC:9777 WP No. 5855 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 5855 OF 2025 (GM-DRT) BETWEEN: M JYOTHI D/O MURTHY, AGED ABOUT 41 YEARS, R/AT IST FLOOR, NO.182, SHASHY NILAYA, 1ST MAIN, 2ND CROSS, BANASHANKARI, MARALURU, TUMKURU-572102 …PETITIONER (BY SRI. HANUMANTHARAYAPPA K., ADVOCATE) AND: AUTHORIZED OFFICER CANARA BANK, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9777 WP No. 5855 of 2025 SRI SIDDARTHA INSTITUTE OF TECHNOLOGY, BRANCH, KUNIGAL ROAD, TUMKURU-572105 …RESPONDENT (BY SRI. VINAY BHAT., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE No.TMKLGL/59/2024 DTD. 09.04.2024 AT ANNEXURE-C AND E-AUCTION NOTICE No.NIL DATED 14.11.2024 ANNX-D PASSED BY THE RESPONDENT BANK AND DECLARE THAT THE ACTION INITIATED BY A RESPONDENT AGAINST DEAD PERSONS (BORROWERS) ARE NULL AND VOID. ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT TO RECEIVE THE OUTSTANDING LOAN AMOUNT FROM THE PETITIONER AND TO ISSUE THE NO DUE LETTER BY RELEASING THE PROPERTY FROM THE MORTGAGE BY ALLOWING THIS WRIT PETITION AND PASS SUCH OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ***** CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2026:KHC:9777 WP No. 5855 of 2025 ORAL ORDER 1. The petitioner has filed this writ petition challenging the sale notice dated 09.12.2024 vide Annexure-C and the e-auction sale notice dated 14.11.2024 vide Annexure-D passed by the respondent and to declare that the action initiated by the respondent against the dead person is null and void, and also sought a mandamus to the respondent to receive the outstanding loan amount from the petitioner, and to issue No Due Certificate by releasing the property from the mortgage. 2. Brief facts, leading rise to filing of this writ petition are as follows: 3. The petitioner's mother gifted a residential property to the petitioner under a registered gift deed dated 17.09.2022. The petitioner's mother passed away on 16.01.2023 and the petitioner's brother by name Arun Kumar passed away on 04.08.2024. - 4 - HC-KAR NC: 2026:KHC:9777 WP No. 5855 of 2025 4. The respondent Bank issued a sale notice on 14.11.2024. As on the date of issuing the notice dated 14.11.2024, the borrowers’ were not alive. The said notice was issued in the name of dead persons. It is also contended that the respondent-Bank has issued an e-auction notice to the borrowers fixing the date of auction on 26.12.2024. The petitioner is aggrieved by the inaction on the part of the respondent-Bank in issuing a sale notice to the dead person, and auction of the properties to be held against the dead persons. Hence, this petition. 5. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent. 6. Learned counsel for the petitioner submits that the impugned sale notice was issued against dead persons. The said sale notice is void and nullity in the - 5 - HC-KAR NC: 2026:KHC:9777 WP No. 5855 of 2025 eye of law. Hence, on these grounds, he prays to allow the writ petition. 7. Per contra, learned counsel for the respondent Bank submits that pursuant to the impugned auction notice, none of the bidders have participated in the auction proceedings. Hence, he also submits that thereafter, again the respondent Bank has issued a sale notice on 10.02.2025. The impugned notice did not materialise. 8. Pursuant to the sale notice dated 10.01.2025, an auction was held, and the Bank has issued a sale certificate in the name of Mangala w/o. Raghavendra M.V., and a copy of the sale certificate dated 31.01.2025 is produced with. 9. In view of non-participation of the bidders in the auction scheduled to be held under the sale notice dated 09.12.2024 and the E-auction notice dated - 6 - HC-KAR NC: 2026:KHC:9777 WP No. 5855 of 2025 14.11.2024, nothing survives for consideration in this writ petition. 10. Accordingly, writ petition is dismissed as having rendered infructuous. 11. Liberty is reserved to the petitioner to challenge the sale certificate dated 31.01.2025, if so desired. 12. The respondents submits that the surplus amount has been already deposited in the account of the petitioner. Submission is placed on record. 13. Pending applications, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 44