- 1 - HC-KAR NC: 2026:KHC:22321 WP No. 12515 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12515 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 - 571 213. &PETITIONER (BY SRI. SANATHKUMAR SHETTY K., ADVOCATE FOR SRI. UMESHA A., ADVOCATE) AND: 1. CANARA BANK ARM BRANCH, CANARA BANK BUILDING, HAMPANKATTA, BALMATTA ROAD, MANGALURU - 575 001. REPRESENTED BY ITS AUTHORISED OFFICER. 2. CANARA BANK, PONNAMPET BRANCH, KODAGU DISTRICT - 571 216. REPRESENTED BY ITS SENIOR MANAGER 3. MR. MALETIRA PONNAPPA AIYANNA, S/O. PONNAPPA, AGED ABOUT 55 YEARS, R/AT: NO.5, MALETRA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22321 WP No. 12515 of 2026 5TH CROSS, 5TH STAGE, NEAR BEML LAYOUT, CHRIST CHURCH, BENGALURU SOUTH, RAJARAJESHWARI NAGAR, 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, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. &RESPONDENTS (BY SRI. K.V.LOKESH, ADVOCATE) THIS WP IS FILED PRAYING UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TO QUASHING THE SALE CERTIFICATE VIDE ANNEXURE-A, DATED 25.3.2026 VIDE DOCUMENT NO. PON-1-07699/2025-26 OF BOOK-I REGISTERED IN THE OFFICE OF SUB REGISTRAR, KODAGU (PONNAMPETE) ISSUED BY THE RESPONDENT NO.1 IN FAVOUR OF RESPONDENT NO.3 AND 4 IN RESPECT OF THE 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 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:22321 WP No. 12515 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore, the petitioner most humbly pray that this Hon'ble Court be pleased to: (a) to issue a writ of certiorari or any other writ/s, direction/s, order/s by quashing the sale certificate vide Annexure-A, dated 25.03.2026 vide Document No.PON-1- 07699/2025-26 of Book-I registered in the office of Sub Registrar, Kodagu (Ponnampete) issued by the respondent No.1 in favour of respondent Nos.3 and 4 in respect of the 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; (b) to award the costs of the proceedings; (c) and to pass such other order/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Learned counsel for the petitioner submits that the market value of the property is more than Rs.5 Crores, but the price i.e., set is Rs.2,45,00,000/- and odd and sold the property for Rs.1,41,00,000/-, Hence he has come before this court. - 4 - HC-KAR NC: 2026:KHC:22321 WP No. 12515 of 2026 3. It is submitted that, the third party rights have accrued and the petitioner has an effective alternative remedy before the Debt Recovery Tribunal. It is submitted that he will approach the Debt Recovery Tribunal and there may a direction to the bank not to take coercive steps till such time. 3. Having heard the learned counsels on either side, perused the material on record. When this Court had specifically asked the learned counsel appearing for the respondent/bank whether the possession of the property was taken, it is submitted that so far the possession was not taken by the respondents, as per the settled law they can file a petition under Section 14 of the SARFAESI Act after the sale certificate is issued. It is stated that so far they have not filed a petition under Section 14 of the SARFAESI Act because certain disputes are pending in respect of this property. Considering the said submission of the learned counsel appearing for the respondent/bank, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC:22321 WP No. 12515 of 2026 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy before the Debt Recovery Tribunal. ii. The petitioner shall approach the Debt Recovery Tribunal within 30 days from the date of receipt of the copy of the order. iii. The petitioner shall have the benefit of Section 14 of the Limitation Act, 1963. iv. The respondent/bank shall not interfere with the petitioner's possession for a period of eight weeks. v. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 24