- 1 - HC-KAR CNR: KAHC010483332026 NC: 2026:KHC:36388 WP No. 21645 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 21645 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-571213. …PETITIONER (BY SRI. SANATH KUMAR SHETTY K., ADVOCATE FOR SRI. UMESHA A., ADVOCATE) AND: 1. CANARA BANK, ARM BRANCH, CANARA BANK BUILDING, HAMPANKATTA, BALMATTA ROAD, MANGALURU-575001. REPRESENTED BY ITS AUTHORISED OFFICER. 2. CANARA BANK, PONNAMPET BRANCH, KODAGU DISTRICT-571216. REPRESENTED BY ITS SENIOR MANAGER, 3. MR. MALETIRA PONNAPPA AIYANNA, S/O. PONNAPPA, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010483332026 NC: 2026:KHC:36388 WP No. 21645 of 2026 AGED ABOUT 55 YEARS, R/AT. NO.5, MALETRA, 5TH CROSS, 5TH STAGE, NEAR BEML LAYOUT, CHRIST CHURCH, BENGALURU SOUTH, RAJARAJESHWARINAGAR, BENGALURU-560 098. 4. MRS. ANJANA KAIBILIRA SUBBVAIAH, W/O. M.P.AIYANNA, AGED ABOUT 49 YEARS, R/AT NO.5, MALETRA, 5TH CROSS, 5TH STAGE, NEAR BEML LAYOUT, CHRIST CHURCH, BENGALURU SOUTH, RAJARAJESHWARINAGAR, BENGALURU-560 098. …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1 AND R2) 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: ORAL ORDER Sri.Sanath Kumar Shetty K., counsel on behalf of Sri.Umesha A., for the petitioner and Sri.Vignesh Shetty, counsel for respondent Nos.1 and 2 appeared in person. 2. This petition is filed seeking following reliefs: - 3 - HC-KAR CNR: KAHC010483332026 NC: 2026:KHC:36388 WP No. 21645 of 2026 (i) To issue a writ of certiorari or any other writ/s, direction/s, order/s by setting aside the impugned order passed by the Debt Recovery Tribunal in S.A.No.286/2026 in not considering the Diary No.1951/2026 dated 15.06.2026 vide Annexure-A and consequently thereupon by quashing the sale certificate dated 25.03.2026 Annexure-D vide document No.PON-1-07699/2025-26 of Book-I registered in the office of Sub Registrar, Kodagu (Ponnampete) in respect of immovable properties bearing Sy.No.144/13, measuring 5.40 acres and Sy.No.144/26 (Old Sy.No.144/9) with an area of 5.77.50 acres, both the properties are situated at Biloor Village, Ponnampet Taluk, Kodagu; (ii) To award the costs of the proceedings. (iii) and to pass such other order/s as this Hon'ble Court deems fit in the fact and circumstances of the case, in the interest of justice and equity. 3. Counsel for the petitioner urged several contentions. - 4 - HC-KAR CNR: KAHC010483332026 NC: 2026:KHC:36388 WP No. 21645 of 2026 Counsel for the petitioner in presenting his arguments strenuously urged that the order of the DRT is opposed to the principles of natural justice and hence, the same may be quashed. 4. Heard the arguments and perused the papers with care. 5. The petitioner has grievance about the order passed by the DRT and also sale certificate. The law is settled that any person aggrieved by the order of the DRT must file an appeal before DRAT. In the present case, the petitioner has not exhausted the statutory remedy and has invoked the writ jurisdiction. As there is an alternate remedy as contemplated under Section 18 of the SARFAESI Act to approach DRAT. This Court declines to exercise the discretionary power. The petitioner may approach the appropriate forum if so advised, and if the law permits. 6. Accordingly, the writ petition is dismissed. - 5 - HC-KAR CNR: KAHC010483332026 NC: 2026:KHC:36388 WP No. 21645 of 2026 Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 15