- 1 - HC-KAR CNR: KAHC010507972022 NC: 2026:KHC:51866 WP No. 21721 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21721 OF 2022 (GM-DRT) BETWEEN: 1. B S THAMMAIAH S/O LATE SOMAIAH AGED 55 YEARS 2. MAINA THAMMAIAH W/O B S THAMMAIAH AGED 51 YEARS BOTH ARE RESIDING AT KOLAKERI VILLAGE NAPOKLU HOBLI MADIKERI TALUK KODAGU DISTRICT - 571 214. …PETITIONERS (BY SRI. KARUMBAIAH T.A., ADVOCATE) AND: 1. KARNATAKA BANK LIMITED MADIKERI BRANCH NEAR KSRTC BUS STAND KOHINOOR ROAD MADIKERI TALUK KODAGU DISTRICT - 571 201. Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010507972022 NC: 2026:KHC:51866 WP No. 21721 of 2022 2. THE CHIEF MANAGER AND AUTHORIZED OFFICER KARNATAKA BANK LIMITED REGIONAL OFFICER, P.B. NO.15 NO.561, KARNATAKA BANK BUILDING NEW KANTHARAJ URS ROAD KUVEMPUNAGAR MYSORE - 570 023. 3. RECOVERY OFFICER-I DEBT RECOVERY TRIBUNAL-II JEEVAN MANGAL BUILDING NO.4, RESIDENCY ROAD BANGALORE - 560 025. …RESPONDENTS (BY SRI. K.V. SHYAMAPRASADA, ADVOCATE FOR R1 AND R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-B THE WARRANT OR ATTACHMENT OF IMMOVABLE PROPERTY DATED 12.09.2022 BEARING NO.116/2022 IN OA NO.727/2020 AND ANNEXURE-C THE NOTICE FOR SETTING A SALE PROCLAMATION DATED 12.09.2022 IN RC NO.116/2022 IN OA NO.747/2020 AND ALL THE FURTHER PROCEEDINGS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is by the borrower questioning the attachment of immovable property dated 12.09.2022 - 3 - HC-KAR CNR: KAHC010507972022 NC: 2026:KHC:51866 WP No. 21721 of 2022 and the consequent sale proclamation notice dated 12.09.2022 as per Annexures-B and C. These actions are contemplated pursuant to order passed by the Debts Recovery Tribunal, Bengaluru, in O.A.No.747/2020. Without taking recourse to the remedy of an appeal before the Debts Recovery Appellate Tribunal, a writ petition is filed and an absolute stay is obtained vide order dated 03.11.2022. The writ petition is not maintainable on two counts. Firstly, in light of law laid down by the Hon’ble Apex Court in United Bank of India Vs. Satyavati Tandon & others [(2010)8 SCC 110] and secondly, as the petitioner has an efficacious remedy of an appeal. Accordingly, stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 14