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2026 DAILYLAW 4668 (KAR)

SRI KRISHNOJI RAO v. SRI KANYAKAPARAMESWARI CO-OPERATIVE BANK LIMITED

WP/18108/2023 · 2026-03-10

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14316 WP No. 18108 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18108 OF 2023 (GM-DRT) BETWEEN: 1. SRI. KRISHNOJI RAO, S/O. LATE SUBBA RAO, AGED ABOUT 55 YEARS, R/AT: NO.83/B, AHIMSA MAARGA, SIDDHARTHA NAGAR, MYSORE - 570 011. 2. SRI. PRAKASH, S/O. LATE GURUVEGOWDA, AGED ABOUT 51 YEARS, R/AT: NO.L/149, 10TH CROSS, 2ND MAIN, VIJAYANAGAR, HEBBAL, MYSORE - 570 017. &PETITIONERS (BY SRI. DHANANJAY B.C., ADVOCATE) AND: - 1. SRI. KANYAKAPARAMESWARI CO-OPERATIVE BANK LIMITED, REPRESENTED BY IT'S AUTHORISED MANAGER, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14316 WP No. 18108 of 2023 OFFICE AT: NO.10 & 11, SERVICE ROAD, K.R. CIRCLE, MYSURU - 570 001. KARNATAKA CO-OPERATIVE ACT, 1956. 2. SRI. ROSHANKUMAR BHIMRAJ, S/O. BHIMRAJ, R/AT: 43, FLAT NO.G 04, PHASE 2, TOWER 10, GROUND FLOOR, MAPLE BLOCK, PHASE 2, SANKALP CENTRAL PARK, YADAVAGIRI, MYSORE - 570 020. &RESPONDENTS (BY SRI. B.S. MAHENDRA., ADVOCATE FOR R1; SRI. RAAMPRASAD B.S., ADVOCATE FOR C/R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE CERTIFICATE DTD 15/07/2023 I.E. ANNEXURE-A ISSUED BY THE R-1 IN FAVOUR OF THE R-2 IN RESPECT OF THE SCHEDULE PROPERTIES NO.MYS-1-03068-2023-24 AND ETC. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:14316 WP No. 18108 of 2023 ORAL ORDER The present writ petition is filed seeking the following prayers: <a. Issue a writ of certiorari by quashing the sale certificate dated 15.07.2023 i.e., ANNEXURE-A issued by the respondent No.1 in favour of the respondent No.2 in respect of the Schedule properties. b. Issue a writ of certiorari by quashing the sale notice dated 02.06.2023 i.e., ANNEXURE-B with respect to the schedule properties. c. Issue a writ of mandamus by directing the respondent bank to permit the petitioner to pay the over dues by granting further one month of breathing time. d. Grant such other relief or relief as the Hon9ble Court deems fit to grant in the interest of justice and equity.= 2. The present writ petition is of the year 2023. When the matter came up on 22.08.2023, emergent notice was - 4 - HC-KAR NC: 2026:KHC:14316 WP No. 18108 of 2023 issued to respondent No.1. Since respondent No.2 had entered caveat through his counsel, it was directed that the second respondent3auction purchaser shall not alienate the subject property without leave of the Court, till the next date of hearing. 3. Thereafter, the matter came up on 09.03.2026. On that day, as there was no representation on behalf of both the parties. Hence, the matter was directed to be listed today under the caption for 8dismissal9. 4. Today also, there is no representation on behalf of the petitioners. 5. Learned counsel appearing for the respondent No.1 Bank submits that the property was sold back in the year 2023 and the auction purchaser has been put in possession of the property and sale certificate has also been issued. 6. Having heard the learned counsel appearing for respondent Nos.1 and 2 and considering the facts and - 5 - HC-KAR NC: 2026:KHC:14316 WP No. 18108 of 2023 circumstances of the case, the writ petition is dismissed for non-prosecution. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 12