- 1 - HC-KAR CNR: KAHC010143492025 NC: 2026:KHC:40370 WP No. 7910 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 7910 OF 2025 (GM-DRT) BETWEEN: 1. SRI. DEVARAM PRAJAPATH, SON OF PRABHU RAMJI, AGED ABOUT 46 YEARS, PROPRIETOR OF HINDUSTAN HARDWARE, RESIDING AT NO.481/82, CHANDAPUR-CHATHRAKANE, BENGALURU-560099. 2. SMT. SANTHOSH DEVI. WIFE OF DEVARAM PRAJAPATH, AGED ABOUT 40 YEARS, RESIDING AT NO.481/82, CHANDAPUR-CHATHRAKANE, BENGALURU-560099. …PETITIONERS (BY SRI. A.T.MALLYA, ADVOCATE) AND: 1. THE AUTHORISED OFFICER, THE SOUTH INDIAN BANK, SIB ARCADE, 61, WHEELER ROAD, COX TOWN, BENGALURU, KARNATAKA-560005. REPRESENTED BY ITS CHIEF MANAGER, JERAL JAMES UZHUVATHU, S/O. JAMES UZHUVATHU. 2. SRI. THIMMARAYAPPA, S/O. MUNIYAPPA, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010143492025 NC: 2026:KHC:40370 WP No. 7910 of 2025 HEELALIGE ROAD, NEAR NANJAPPASWAMY TEMPLE, RAMASAGARA, MUTHANALLUR, ANEKAL, KARNATAKA-560099. …RESPONDENTS (BY SRI. NARAYANA SHENOY, ADVOCATE FOR R1) 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.A.T.Mallya, counsel for the petitioner and Sri.Narayana Shenoy, counsel for respondent No.1 appeared in person. 2. This petition is filed seeking following reliefs: (a) Issue writ of certiorari or any other appropriate writ to set aside the impugned order passed in an appeal filed by the petitioners in S.A.No.428/2023 dated 30.10.2024 on the file of Debts Recovery Tribunal - I, Bangalore as per Annexure-Q. (b) To declare that there is a material irregularity, fraud and collusion in conducting the sale of the mortgaged property and the entire auction and - 3 - HC-KAR CNR: KAHC010143492025 NC: 2026:KHC:40370 WP No. 7910 of 2025 sale of the mortgaged property and the sale certificate issued by the first respondent Bank in respect of the schedule property on 07.12.2022 as per Annexure-L may be cancelled. (c) The 1st respondent may be directed to return the movables which is worth Rs.40,00,000=00 to the petitioners with proper acknowledgment. (d) Pass such other orders as this Hon'ble Court deems fit in the circumstances of the case. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. The Debts Recovery Tribunal (DRT), by its final order dated 30.10.2024, has adjudicated the matter. It is sufficient to note that a statutory appeal against the said final order lies before the Debts Recovery Appellate Tribunal (DRAT). In view of the availability of an efficacious alternative statutory remedy, there is no occasion to invoke the discretionary jurisdiction of this Court under Article 226 of the Constitution. Further, pursuant to the auction notice, the sale has already been confirmed, and the confirmation has been duly - 4 - HC-KAR CNR: KAHC010143492025 NC: 2026:KHC:40370 WP No. 7910 of 2025 communicated to the petitioner. Such communication of confirmation of sale also cannot be assailed by invoking the writ jurisdiction of this Court. Consequently, there is no justification for exercising the discretionary writ jurisdiction. 5. Accordingly, the writ petition stands dismissed. However, if the petitioner is aggrieved by the final order of the DRT and/or the confirmation of sale, it is open to the petitioner to avail such remedy before the appropriate forum as may be available in law, if so advised. 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.: 12