- 1 - HC-KAR NC: 2026:KHC:13495 WP No. 38986 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 38986 OF 2025 (GM-DRT) BETWEEN: 1. SRI K.S.SURESH S/O SHIVALINGAPPA AGED ABOUT 50 YEARS R/AT KANGUVALLI VILLAGE AND POST HOSADURGA TALUK CHITRADURGA DISTRICT-577 515 2. SRI. GANESH K.S S/O SHIVALINGAPPA AGED ABOUT 45 YEARS R/AT BASAVARAJU C.M.BUILDING NEAR GOVERNMENT SCHOOL KAMMASANDRA VILLAGE ELECTRONIC CITY POST BENGALURU SOUTH-560 100 …PETITIONERS (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) AND: 1. SREE SEETHARAGHAV SOUHARDA SAHAKARA BANK NIYAMITHA BUS STAND ROAD, HOSADURGA CHITRADURGA DISTRICT -577 527 REPRESENTED BY SRI. RAVI NAIK ITS BRANCH MANAGER AND ALSO AT NO.27 SAI KRUPA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13495 WP No. 38986 of 2025 DR.RAJKUMAR ROAD, RAJAJINAGARA 6TH BLOCK BENGALURU-560 010 REG. UNDER THE KARNATAKA SOUHARDA SAHAKARI ACT, 1997 2. SRI. T.H. MANJUNATH S/O HANUMANTHAPPA, R/AT NO.36, ARAHANTH LAYOUT, BEHIND P.G. SCHOOL, HOSADURGA TOWN AND TALUK, CHITRADURGA DISTRICT-577 527 3. SRI. VIJAYAKUMAR. S S/O SHIVARUDRAPPA, R/AT NO.35, LAKSHMISAGARA VILLAGE, NERALUR, ANEKAL TALUK, BENGALURU URBAN-562107 …RESPONDENTS (BY SRI.S.LAKSHMINARAYA, ADVOCATE FOR R1 V/O/D 24/02/2026, DEMICE OF NOTICE TO R2 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT/S OR DIRECTION OR ORDER AND ETC. 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:13495 WP No. 38986 of 2025 ORAL ORDER The present writ petition is filed seeking the following relief: ”Wherefore, the Petitioners respectfully pray that this Hon'ble Court may kindly be pleased to call for records to issue a writ of certiorari or any other writ/s or direction or order: a. Issue writ of Certiorari by quashing the impugned order passed by The Hon'ble Prl. Senior Civil Judge and CJM Chitradurga in Crl.Misc.No.50/2024 dated:07-08-2025 as per vide Annexure- A. b. Issue writ of Certiorari by quashing the impugned order passed by The Hon'ble CJM Bengaluru Rural District in Crl.Misc.No.1960/2024 dated: 19-04-2025 as per vide Annexure-B. c. Issue Writ of Mandamus to the Respondents by directing them to accept the balance amount from the petitioners and restore the possession of the schedule properties as per the Sale Certificate executed to T.H.Manjunath by the respondent No.1 on 15-10-2025 as per vide Annexure-G and as per the Sale Certificate executed to the Sri. Vijayakumar by the respondent No.1 on 28-11-2025 as per vide Annexure-H. d. Pass any such other order or direction as deemed fit to be granted in the facts and circumstances of the case." 2. Learned counsel has submitted that the Bank has committed fraud and certain crucial aspects were suppressed before the Magistrate and obtained an order. As such he has come before this Court. - 4 - HC-KAR NC: 2026:KHC:13495 WP No. 38986 of 2025 3. Whatever, the contentions raised before this Court, the petitioner is at liberty to raise before the DRT and it is not the case of petitioner that the DRT cannot decide these issues. In fact, the petitioner would be in a better position. If necessary, can adduce evidence before the DRT and any disputed questions of fact, this Court cannot decide. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioners to avail the alternative remedy. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act, 1963. iii. All pending I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 28