- 1 - HC-KAR NC: 2026:KHC:6007 WP No. 2879 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2879 OF 2026 (GM-DRT) BETWEEN: KRISHNA NAIK S/O RAMA NAIK, AGE 62 YEARS KELAGINANAIKKARANDAHALLI, ANTHARAHALLI POST, DODDABALLAPURA 561 203 …PETITIONER (BY SRI. RAGHAVENDRA R., ADV.) AND: BANK OF BARODA REP. BY ITS MANAGER DODDABALLAPUR BRANCH Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6007 WP No. 2879 of 2026 DODDABALLAPURA -561 203 …RESPONDENT (BY SRI. MAHENDRA G, C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE IMPUGNED SALE NOTICE DTD 19.12.2025 ISSUED UNDER RULES 6(2) AND 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 AS PER ANNX-A, DIRECT NOT TO TAKE SYMBOLIC POSSESSION AS PER NOTICE DTD 18.11.2025 UNDER SECTION 13(4) OF THE SARFAESI ACT,2002 AS PER ANNX-A1, AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: *** - 3 - HC-KAR NC: 2026:KHC:6007 WP No. 2879 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed this petition seeking the following reliefs: a) Quash/set aside by issuing writ of certiorari the impugned sale notice dated 19.12.2025 issued under Rules 6(2) and 8(6) of the Security Interest (Enforcement) Rules, 2002 as per Annexure-A insofar as the petitioner concerned. b) To direct not to take symbolic possession as per Notice dated 18.11.2025 under Section 13(4) of the SARFAESI Act, 2002 as per Annexure-A1. c) Grant any other relief as this Hon’ble Court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity. 2. The petitioner submits that the notice has been issued in the name of dead person. Hence, the notice issued by the respondent bank is nullity in the eye of law. Hence, on this ground, he prays to allow the writ petition. 3. Per contra, learned counsel for the respondent submits that the respondent-Bank will withdraw the - 4 - HC-KAR NC: 2026:KHC:6007 WP No. 2879 of 2026 impugned sale notice dated 19.12.2025 and the possession notice dated 18.11.2025 and take fresh steps. 4. In view of the submission made by the learned counsel for the parties, the respondent is withdrawing Annexures ‘A and A1’. In view of the same, nothing survives for consideration in this writ petition. 5. Accordingly, the writ petition is disposed off, reserving the liberty to the respondent-Bank to take fresh steps. 6. Pending applications, if any, stands disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB