- 1 - HC-KAR NC: 2026:KHC:692 WP No. 7509 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 7509 OF 2025 (GM-RES) BETWEEN: 1. SMT.MALAMMA W/O. LATE. CHIKKEGOWDA AGED ABOUT 72 YEARS, 2. KUMARI LALITHA D/O. LATE CHIKKEGOWDA AGED ABOUT 53 YEARS BOTH 1 & 2 ARE R/AT. NO.20, A.D. COLONY, NAGASAMUDRA ROAD, GAYATHRI EXTENSION CHANNARAYAPATNA TOWN, HASSAN DISTRICT - 573116. 3. SMT. PUSHPA D/O. LATE CHIKKEGOWDA W/O. SOMASHEKARA H.N. AGED ABOUT 51 YEARS R/AT. ARALAHALLI, GULASINDA POST, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573116. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:692 WP No. 7509 of 2025 4. SMT. PREMA.C D/O. LATE CHIKKEGOWDA W/O. SATHYANARAYANA AGED ABOUT 47 YEARS R/AT NO.241, SAMPIGE ROAD, M.G. EXTENSION, CHANNARAYAPATNA, HASSAN DISTRICT - 573116. 5. SMT. INDU GRAND D/O. LATE CHIKKEGOWDA W/O. PRADEEPKUMAR AGED ABOUT 29 YEARS R/AT. NO. 9990, VAJARAHALLI, 4TH BLOCK, KANAKAPURA ROAD, RAGHAVENDRA LAYOUT, BENGALURU -560062. 6. SRI. GOWTHAM S/O. RAMESH GRANDSON OF LATE. CHIKKEGOWDA AGED ABOUT 27 YEARS KPWD QUARTERS, KORAMANGALA BENGALURU 560047. …PETITIONERS (BY SRI. SRI. RADHAKRISHNAN, ADVOCATE FOR SRI. JAGADEESH D C.,ADVOCATE) AND: 1. THE CANARA BANK REGIONAL OFFICE @ 1ST FLOOR, BEHIND SUVARNA RESORTS, B.M.ROAD, HASSAN, - 3 - HC-KAR NC: 2026:KHC:692 WP No. 7509 of 2025 BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER. 2. THE BRANCH MANAGER, CANARA BANK, BIDARE BRANCH, NO.386, HOSPITAL ROAD, KEMBALLU POST, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT 573111. 3. PRAKASH.C S/O LATE. CHIKKEGOWDA AGED ABOUT 49 YEARS R/O. NAGASAMUDRA ROAD, GAYATHRI BADAVANE, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573111. …RESPONDENTS (BY SRI. VIGNESH S SHETTY, ADVOCATE FOR R1 & R2; SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADVOCATE FOR R3 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED E-AUCTION NOTIFICATION DATED 17.02.2025 ISSUED BY THE R1 AND R2 FOR AUCTIONING THE PROPERTY BEARING E-KHATA NO. 9- 4-174 DATED OLD NO. 122 69/3, SAS NO. 1221, SITUATED IN WARD NO. 10 OF CHENNARAYAPATNA MUNICIPAL LIMIT CONSISTING OF RCC BUILDING MEASURING EAST-WEST 9.75 METERS AND NORTH- SOUTH MEASURING 13.41 METERS IN ALL SITE MEASURING 130.80 SQ. MTS BOUNDED ON EAST BY PRIVATE SITE. WEST BY MUNICIPAL ROAD NORTH BY HOUSE OF PUTTARANGEGOWDA AND KANTHAMMA AND SOUTH BY THAMMANNASHETTI SO FAR AS IT RELATES TO SERIAL NO. 2 IN THE SAID NOTIFICATION VIDE ANNEXURE -G AS THE SAME IS ILLEGAL AND UNSUSTAINABLE IN LAW. - 4 - HC-KAR NC: 2026:KHC:692 WP No. 7509 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are the wife, daughters and grandchildren of Late Mr. Chikkegowda and they are aggrieved by the E-auction notice dated 17.02.2025 issued by M/s. Canara Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). M/s. Canara Bank has issued this notice to sell the property bearing E-katha No.9-4- 174, Old No.122, 69/3, SAS No.1221, Ward No.10 of Chennarayapatna Municipal Limit [the subject property]. 2. This Court, on 17.03.2025, has granted interim order staying further proceedings pursuant to the E-auction notice. The third respondent, who is another son of Late Mr. Chikkegowda, has filed applications for directions to the petitioners to - 5 - HC-KAR NC: 2026:KHC:692 WP No. 7509 of 2025 purchase the subject property and settle the dues or in the alternative, to direct the first and second respondents to evict the petitioners and makeover possession of the subject property to him so that he can settle the dues. 3. The petitioners premise their grievance on the action by M/s. Canara Bank to bring the subject property to sale on the assertion that Mr. Chikkegowda was entitled to half a share in the subject property and that on his demise, they would be entitled to such share but the third respondent has suppressed this interest and mortgaged the subject property in favour of M/s. Canara Bank resulting in the impugned notice. Mr. Radhakrishnan, the learned counsel for the petitioners reiterates the afore premise to support the petitioners' grievance, and Mr. Hanumanthappa B. Haravigowdar, the learned counsel for the third respondent, places on record copies of the judgment - 6 - HC-KAR NC: 2026:KHC:692 WP No. 7509 of 2025 and decree dated 08.01.2021 in O.S.No.510/2015 and the judgment and decree dated 21.04.2022 in R.A.No.10/2021. 4. It is seen from these judgments and decree that Mr. Chikkegowda indeed sought for declaration that he owns half of the subject property, but the civil Court, while answering the issue on whether he proves that he has purchased the subject property in favour of the third respondent and is therefore entitled to half a share, has opined that the third respondent has established that the subject property is his self-acquired property. This conclusion on the original side is confirmed by the appellate Court in R.A.No.10/2021. However, the appellate Court has confirmed the permanent injunction granted by the civil Court restraining the third respondent from dispossessing the petitioners, who have contested the suit on the demise of Mr. Chikkegowda. - 7 - HC-KAR NC: 2026:KHC:692 WP No. 7509 of 2025 5. The petitioners cannot succeed against the impugned notice dated 17.02.2025 on the ground that they are entitled to half a share in the subject property in the light of these judgments and decrees, and if the third respondent proposes to protect the property from the sale that is intended by M/s. Canara Bank, it is always open to him to approach M/s Canara Bank but it cannot be restrained from enforcing its secured assets. The petition, therefore stands rejected with liberty to M/s. Canara Bank to proceed in accordance with law for enforcement of its secured asset [the subject property]. Sd/- (B M SHYAM PRASAD) JUDGE RB