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2026 DAILYLAW 45663 (KAR)

SMT. MAMATHA. B. P. v. CANARA BANK

WP/481/2026 · 2026-01-20

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3360 WP No. 481 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 481 OF 2026 (GM-DRT) BETWEEN: SMT. MAMATHA. B. P. D/O LATE B N POOVAIAH HUDIKERI AGED ABOUT 45 YEARS RESIDING AT HUDIKERI VILLAGE AND POST PONNAMPET, KARNATAKA- 571216 …PETITIONER (BY SRI. SHANTH KUMAR S P., ADVOCATE) AND: CANARA BANK REPRESENTED BY ITS MANAGER AT PRATHAM SQUARES, MAIN ROAD, PONNAMPET, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3360 WP No. 481 of 2026 KODAGU DISTRICT, KARNATAKA-571216 …RESPONDENT (BY SRI. RANJAN KELKAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ACCEPT THE REMAINING PAYMENT AS PER THE OTS TAKEN PLACE BETWEEN THE PARTIES AS ANNEXURE-C AND TO RELEASE THE DOCUMENTS IN FAVOUR OF THE PETITIONER, ALONG WITH NOC, IMMEDIATELY AFTER PAYING THE LOAN AMOUNT. DIRECT THE RESPONDENT BANK TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER WIDE LETTER DATED 06/01/2025 AS ANNEXURE-J. DIRECT THE RESPONDENT BANK TO WITHDRAW THE SALE NOTICE DATED 25.09.2025, AS ANNEXURE-F, ISSUED BY THE RESPONDENT BANK TO TAKE POSSESSION OF THE SCHEDULED PROPERTY IN THE INTEREST OF JUSTICE, EQUITY AND LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:3360 WP No. 481 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking a mandamus directing the respondent-Bank to consider the representation vide Annexure-C seeking for one-time settlement facility to settle the outstanding dues. 2. Learned counsel for the respondent has filed a memo along with a document, wherein the respondent- Bank has considered the representation vide communication dated 28.03.2025, wherein the Bank has refused to entertain the representation submitted by the petitioner. He also submits that, the sale auction was held on 08.10.2025, the sale was confirmed and the sale certificate was issued to the auction purchaser. 3. In view of the subsequent development, the writ petition has rendered infructuous and accordingly, the same is dismissed reserving liberty to the petitioner to challenge the auction proceedings, if so desired. - 4 - HC-KAR NC: 2026:KHC:3360 WP No. 481 of 2026 4. Learned counsel for the respondent-Bank submits that, the auction purchaser is in possession of the property in question; learned counsel for the petitioner submits that, the petitioner is in possession of the property. 5. The parties are directed to maintain status-quo for a period of 15 days from today. 6. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 39