- 1 - HC-KAR NC: 2026:KHC:34637 WP No. 13286 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 13286 OF 2024 (GM-DRT) BETWEEN: SRI. S. SHESHALACHALA MURTHY S/O LATE SRINIVAS MURTHY AGED ABOUT 65 YEARS R/O NO.2984/2B, 4TH MAIN ROAD V V MOHALLA, MYSORE - 570 002. …PETITIONER (BY SRI. MOHAN P.S, ADVOCATE) AND: 1. THE AGM CANARA BANK MARIMALLAPPA COLLEGE BRANCH MYSORE - 570 002 REP. BY ITS AUTHORIZED OFFICER SRI. RAJASHEKAR 2. SAI ABHIJITH S.P S/O SRI. S. SHESHALACHALA MURTHY AGED ABOUT 24 YEARS 3. SMT. ASHWINI SHESHALACHALA MURTHY D/O SRI S. SHESHALACHALA MURTHY AGED ABOUT 26 YEARS RESPONDENTS NO.2 AND 3 R/O NO. 2984/2B, 4TH MAIN ROAD VV MOHALLA, MYSORE - 570 002. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34637 WP No. 13286 of 2024 4. SRI. PRAKASH S.M S/O S.S. MARKANDAYYA AGED ABOUT 65 YEARS NO. 59, KOMALA TELECOM LAYOUT BHOGADI, FIRST STAGE MYSORE - 560 026. …RESPONDENTS (BY SRI. VIGNESH S. SHETTY, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASHING THE IMPUGNED POSSESSION NOTICE ISSUED UNDER RULE 8(6) OF SARFAESI ACT, DATED 4-5-2024 BY THE RESPONDENT AT ANNEXURE G AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER None appears for the petitioner. 2. This Court by order dated 21.05.2025 passed the following order: "Issue notice to the respondents. Learned counsel for the petitioner submits that he is constrained to move this petition before this Court as there is no sitting before the DRT. He submits that the schedule property is proposed to be auctioned by the respondent- Bank tomorrow i.e., on 22.05.2024. In view of the above submissions and the urgency pleaded, this Court is of the considered view that the respondent-Bank may proceed with the proposed auction of the subject property, however confirmation of auction proceedings shall be subject to result of the writ petition. The petitioner in the meanwhile is directed to deposit 50% of the claim amount i.e., 50% of Rs.61,04,715/- within - 3 - HC-KAR NC: 2026:KHC:34637 WP No. 13286 of 2024 four weeks from today before this Court. It is made clear that if the petitioner fails to deposit the amount as directed, the respondent-Bank may further proceed and complete the auction process in accordance with law." 3. It is not clear whether the amount as directed has been deposited or not. 4. Nonetheless, since the present petition being filed in view of the respondent No.1 initiating the proceedings under the SARFAESI act. Since it is alternative effect to remedy provided in the Act, the petitioner is at liberty to avail the same if so advised, within 30 days from the date of the receipt of certified copy of this order. If such steps are taken within the stipulated time, time consumed in this writ petition will be considered for condonation of delay, with all just exception. 5. Accordingly, the writ petition is disposed of. In view of disposal of the writ petition, pending IA's if any does not survive for consideration. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 11