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2026 DAILYLAW 18870 (KAR)

SRI. NAGARAJ D v. MAHILA CO OPERATIVE BANK LTD

WP/16095/2026 · 2026-06-03

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25970 WP No. 16095 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16095 OF 2026 (GM-DRT) BETWEEN: SRI. NAGARAJ D., S/O. SRI. DEVE GOWDA, AGED ABOUT 65 YEARS, RESIDING AT NO.2, 1ST 'D' CROSS, L.I.C. COLONY, NANJAPPA REDDY GARDEN, YESHWANTHAPURA, BENGALURU - 560022. …PETITIONER (BY SRI. THARANATH SHETTY, ADVOCATE) AND: MAHILA CO-OPERATIVE BANK LTD., A.O. NO.14, SOUTH END ROAD, SHESHADRIPURAM, BENGALURU - 560020. BY ITS AUTHORISED OFFICER. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25970 WP No. 16095 of 2026 ORAL ORDER Sri.Tharanath Shetty, counsel for the petitioner appeared in person. 2. Though the petition is listed today for preliminary hearing, it is heard. 3. The writ petition is filed seeking following reliefs: (a) To issue a writ of certiorari quashing the sale notice dated 15.04.2026 issued by the respondent and consequent further proceedings of the same, as per Annexure-A. (b) To issue any other writ or direction as this Hon'ble Court deems fit to grant under the circumstances of the case, in the ends of justice and equity. 4. Counsel for the petitioner urged several contentions. Heard the arguments and perused the papers with care. 5. The respondent had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.7980/2024 and the Court vide order dated:22.01.2025 had allowed the petition. Pursuant - 3 - HC-KAR NC: 2026:KHC:25970 WP No. 16095 of 2026 to the order a sale notice for the sale of immovable property was issued on 15.04.2026. The petitioner's grievance is about the issuance of the sale notice. The relief sought by the petitioner cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of decisions that a sale/ possession notice cannot be challenged by filing a writ petition. The petition is devoid of merits. Accordingly, the writ petition is dismissed. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 1