- 1 - HC-KAR CNR: KAHC010011032024 NC: 2026:KHC:50683 WP No. 1437 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 1437 OF 2024 (GM-DRT) BETWEEN: 1. SMT CHAMPAKA VEDAMURTHY W/O VEDAMURTHY B V AGED ABOUT 63 YEARS, 2. SMT. KAVYA VEDAMURTHY D/O VEDAMURTHY B V AGED ABOUT 26 YEARS, , BOTH ARE R/AT NO.35, 12th MAIN, 4th BLOCK, EAST JAYANAGAR, BANGALORE SOUTH,JAYANAGAR 3rd BLOCK, BANGALORE 560 011 …PETITIONERS (BY SRI. T G SUDHA.,ADVOCATE) AND: 1. CANARA BANK REPTD, BY ITS CHIEF MANAGER, AUTHORIZED OFFICER ASSET RECOVERY MANAGEMENT BRANCH II NO. 86, SPENCERS TOWERS, 2nd FLOOR, BANGALORE 560 001 …RESPONDENT (BY SRI. VIGNESH SHETTY.,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE - 2 - HC-KAR CNR: KAHC010011032024 NC: 2026:KHC:50683 WP No. 1437 of 2024 RESPONDENT TO REIMBURSE A SUM OF RS.62,00,284/- (RUPEES SIXTY TWO LAKHS TWO HUNDRED EIGHTY FOUR THOUSAND) TOWARDS THE MISMATCH MEASUREMENT OF 289.04 SQ. FT.EXISTING MEASUREMENT IS ONLY 710.86 SFT, INSTEAD OF 1000SFT, IN RESPECT OF IMMOVABLE PROPERTY PURCHASED BY THE PETITIONERS IN E-AUCTION OF IMMOVABLE PROPERTY HELD BY THE DRT-ii BANGALORE, ON 28/09/2022, (ANNEXURE-B) PURSUANT TO WHICH A CERTIFICATE OF SALE IMMOVABLE PROPERTY REGISTERED ON DATED 08.05.23 AS PER (ANNEXURE-L) ALONG WITH INTEREST AT THE RATE OF 18 PERCENT PER ANNUM FORM THE DATE OF PAYMENT TILL ITS REALIZATION TO THE PETITIONERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: " i) Issue a Writ of Mandamus or any other writ/s Directing Respondent to reimburse a sum of Rs 62,00,284/- (Rupees Sixty Two Lakhs Two hundred Eighty four Thousand) Towards the mismatch measurement of 289.04. Sq.ft, existing measurement is Only 710.96 sft, INSTEAD OF 1000 SFT, in respect of immovable property purchased by the petitioners in E-auction of Immovable property held by the DRT-II, Bangalore, on 28/09/2022, (ANNEXURE-B) pursuant to which Certificate of Sale of Immovable property REGISTERED ON 8/05/2023 AS PER (ANNEXURE-L), along with interest @ the rate of 18% p.a from the date of payment till its realisation to the petitioners. ii) Order to appoint a surveyor to measure the schedule property Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010011032024 NC: 2026:KHC:50683 WP No. 1437 of 2024 iii) Award costs of this proceedings and grant such other relief/s to the petitioners as this Hon'ble Court deems fit, in the interest of justice and equity." 2. The factual matrix in a nutshell leading to the present writ petition is that the petitioner purchased property bearing No.64, PID-64-144-600, property No.600, Corporation Colony, Jayanagar 9th Block, East End Circle, Bangalore1 in the auction conducted on 28.09.2022. The said auction was held consequent to proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20022. The sale certificate was issued on 30.01.2023 and the same was registered on 08.05.2023. 3. It is the contention of the petitioner that the subject property purchased was stated to have been measuring 1000 sq.ft. However, the same actually measures only 700 sq.ft. Hence, the petitioner made various representations to the respondent seeking for difference in the value of the dimension of the subject property to be reimbursed. 1 Hereinafter referred to as 'subject property' 2 Hereinafter referred to as 'SARFAESI Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010011032024 NC: 2026:KHC:50683 WP No. 1437 of 2024 4. The said representations not having been positively considered, the present writ petition is filed. 5. It is forthcoming that disputed questions of fact are required to be adjudicated while considering the case of the petitioner. It is expedient that adjudication of such disputed questions of fact are not undertaken in writ proceedings under Article 226 of the Constitution of India. 6. Accordingly, the present writ petition stands dismissed. 7. This order will not preclude the petitioner from availing the remedies in accordance with law. 8. Pending IAs., if any, also stand disposed of. (C.M. POONACHA) JUDGE Vmb List No.: 1 Sl No.: 45 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA