Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010135032024 NC: 2026:KHC:43858 WP No. 7162 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 7162 OF 2024 (GM-DRT) BETWEEN:
SRI. M.LOKANATHA SHETTY, S/O. D.MUNIRATHNAM SHETTY, AGED ABOUT 52 YEARS, RESIDING AT NO.18, 5TH CROSS, YOGESHWARA LAYOUT, BIDADI HOBLI - 562109 RAMANAGARA TALUK AND DISTRICT. …PETITIONER (BY SRI. G.R.CHANDRA SHEKAR, ADVOCATE FOR SRI. KUMAR S.J., ADVOCATE)
AND:
1.
CANARA BANK REPRESENTED BY ITS MANAGER/ AUTHORIZED OFFICER BIDADI BRANCH, KHATA NO.553/585/12, NELLIGUDDA TANK, BGS ROAD, BIDADI, RAMANAGARA DISTRICT-562109.
2.
SRI. CHANNAPPA, S/O. LATE NAGAPPA, AGED ABOUT 58 YEARS,
3.
SMT. SAVITHRAMMA, W/O. CHANNAPPA, AGED ABOUT 52 YEARS,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010135032024 NC: 2026:KHC:43858 WP No. 7162 of 2024
RESPONDENTS NO.2 AND 3 ARE RESIDENT OF KEMPANAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT - 562109. …RESPONDENTS (BY SRI. HEMANTH RAO, ADVOCATE FOR SRI. RUKKOJI RAO H.S., ADVOCATE FOR R1;
SRI. N.MURALI, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.G.R.Chandrashekar counsel on behalf of Sri.Kumar S.J., for the petitioner, Sri.Hemanth Rao counsel on behalf of Sri.Rukkoji Rao H.S., for respondent No.1 and Sri.N.Murali, counsel for respondent Nos.2 and 3 appeared in person.
2. This petition is filed seeking following reliefs: (i) Direct the 1st respondent bank to consider the representation made by the petitioner as per the reply legal notice dated 23.03.2023 produced at Annexure-J to the writ petition.
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HC-KAR
CNR: KAHC010135032024 NC: 2026:KHC:43858 WP No. 7162 of 2024
(ii) Issue a direction to the first respondent to return all the original documents of title received by it from the 2nd respondent as stated in schedule - A to the Form of Memorandum for Registration (DTD) dated 13.07.2015 produced at Annexure-B to the writ petition. (iii) Allow the writ petition with cost and grant such other relief as this Hon'ble Court deems fit to grant in the circumstances of the case in the interest of justice and equity.
3. Counsel for the respective parties urged several
contentions. Counsel for the petitioner, in the course of his
submissions, contends that the petitioner is a purchaser from the original borrowers. Drawing the attention of this Court to Annexures-D and E, counsel submits that certain amounts have been paid by the petitioner. Per contra, counsel appearing for respondent No.1 submits that a memo has been filed along with a copy of the
order passed by the DRT and prays that the same be taken on record. It is further submitted that the Bank had instituted O.A.
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HC-KAR
CNR: KAHC010135032024 NC: 2026:KHC:43858 WP No. 7162 of 2024
No.1243/2021 before the DRT against the borrowers, wherein the DRT passed its final order on 19.01.2024. Counsel contends that, if the petitioner has any grievance, the appropriate remedy is to approach the Tribunal. On these grounds, counsel submits that the writ petition is liable to be dismissed.
4. Heard the arguments; perused the papers and the memo is placed on record.
5. It is sufficient to note that the DRT passed its final
order against the borrowers on 19.01.2024. The petitioner claims to be a purchaser from the said borrowers. However, this Court, in exercise of its writ jurisdiction, cannot adjudicate upon the inter se rights of the parties, particularly the rights claimed by the petitioner as purchaser vis-à-vis the original owners/borrowers. Accordingly, this Court declines to exercise its discretionary jurisdiction in the matter. The petitioner may approach appropriate forum, if so advised and if permissible in law.
6. Accordingly the petition is dismissed.
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HC-KAR
CNR: KAHC010135032024 NC: 2026:KHC:43858 WP No. 7162 of 2024
Because of dismissal of 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.: 28