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2026 DAILYLAW 47811 (KAR)

SRI VIJAY RATHOD v. THE CHIEF MANAGER

WP/12431/2024 · 2026-01-27

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4184 WP No. 12431 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 12431 OF 2024 (GM-DRT) BETWEEN: SRI VIJAY RATHOD S/O LATE K T RATHOD, AGED ABOUT 60 YEARS, NO.501, A-3, BLOCK, WHITE HOUSE APARTMENTS, 15TH CROSS, 6TH MAIN, R T NAGAR, BENGALRUU-560032. …PETITIONER (BY SRI. SOMASHEKHARAIAH R P., ADVOCATE) AND: 1. THE CHIEF MANAGER CANARA BANK, MID CORPORATE BRANCH, SHESHADRIPURAM BENGALURU-560020. REP. BY BRANCH MANAGER 2. M/S TECHNOSPARK INDUSTIRES INDIA PVT. LTD. 1341, KAVALBYRASANDRA, R T NAGAR POST, (NEAER DR. AMBEDKAR MEDICAL COLLEGE), BENGALURU-560032. REP. BY MANAGING DIRECTOR REGISTERED UNDER COMPANIES ACT Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4184 WP No. 12431 of 2024 3. MR. MOHAN SURESH S/O LATE D MOHAN, AGED ABOUT 62 YEARS 4. MRS. SUREKHA SURESH W/O MOHAN SURESH AGED ABOUT 53 YEARS, RESPONDENT NO.3 AND 4 ARE R/AT NO.604, BLOCK NO.E-2, UNIT NO.WH-87, VI FLOOR, SRI RAM WHITE HOUSE, VI MAIN, 15TH CROSS, R T NAGAR, BENGALRUU-5600032. …RESPONDENTS (BY SRI. C. VINAY SWAMY, ADVOCATE FOR C/R1 IN CP 5572/24) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DTD. 07.12.2023 ISSUED BY THE R-1 BANK UNDER ANNX-D. DIRECTION TO THE RESPONDENT BANK DIRECTING THEM TO RECOVER THE AMOUNT DUE TO THE RESPONDENT BANK FROM SALE OF PROPERTIES MENTIONED IN THE POSSESSION NOTICE UNDER ITEM NO.1 TO 4 AND 6 TO 9 EXCEPT THE PROPERTY OF THE PETITIONER i.e., ITEM NO. 5 UNDER ANNX-D TO THE WRIT PETITION. DIRECTION TO THE RESPONDENT BANK TO EXECUTE NECESSARY DOCUMENT IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY AFTER RECEIVING BALANCE SALE CONSIDERATION OF RS. 90,00,000/- BY REDEEMING THE MORTGAGE OF THE PROPERTY BY THE R-3 AND 4. - 3 - HC-KAR NC: 2026:KHC:4184 WP No. 12431 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner has filed this writ petition challenging the notice issued under Section 13(4) of the SARFAESI Act, 2002. 2. Learned counsel for respondent No.1 submits that the respondent-Bank has already sold the property in question and delivered the possession to the auction purchaser on 15.12.2025 and he has produced the copy of the Sale Certificate dated 26.12.2025. 3. The said documents are taken on record. 4. In view of the same, nothing survives for consideration in this writ petition. Accordingly, the writ petition is dismissed as having rendered infructuous. - 4 - HC-KAR NC: 2026:KHC:4184 WP No. 12431 of 2024 5. Liberty is reserved to the petitioner to challenge the Sale Certificate, if so advised. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 7