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2026 DAILYLAW 6817 (KAR)

MRS KISHORI K A v. THE CANARA BANK

WP/4377/2026 · 2026-02-27

Ashok S Kinagi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:12365 WP No. 4377 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 4377 OF 2026 (GM-DRT) BETWEEN: 1. MRS KISHORI K A W/O LATE ANIL K.M, AGED ABOUT 53 YEARS, RESIDING AT SHRI KRISHNA RESIDENCY, NO.15/A KUDLU, SRI RAMANJANEYA LAYOUT, VGP LAYOUT, BENGALURU 560 0 68 2. MRS. DEEKSHA BOJAMMA K.A, (WRONGLY MENTIONED AS DIKSHA K.A) D/O LATE ANIL K.M, W/O CHETHAN, AGED ABOUT 33 YEARS, RESIDING AT CLOUD 7 HELATH CARE, NO.3155, SRINIVASAM TOWERS, HAL, 2ND STAGE, INDIRANAGAR, BENGALURU 560 038 3. MS. RAKSHA K.A. @ RAKSHA GANGAMMA K.A. @ GANGAMMA K.A., D/O LATE ANIL K.M, AGED ABOUT 28 YEARS, 4. MS. VARSHA K.A. @ VARSHA DECHAMMA K.A. @ DECHAMMA K .A D/O LATE ANIL K.M, AGED ABOUT 23 YEARS, BOTH RESIDING AT SHRI KRISHNA RESIDENCY, NO.15/A KUDLU, SRI RAMANJANEYA LAYOUT, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12365 WP No. 4377 of 2026 VGP LAYOUT, BENGALURU 560 068 …PETITIONERS (BY SRI. ASHWIN RADHAKRISHNAN., ADV.) AND: 1. THE CANARA BANK BIRUNANI BRANCH, REPRESENTED BY ITS BRANCH MANAGER/AUTHORISED OFFICER, KUTTAIAH BUILDING, BIRUNANI MAIN ROAD, BIRUNANI VILLAGE AND POST, PONNAMPET TALUK, KODAGU 571 249 2. THE CANARA BANK, ARM BRANCH, CANARA BANK BUILDING, HAMPANKATTA, BALMATTA ROAD, MANGALURU. - 575 001 REPRESENTED BY ITS AUTHORISED SIGNATORY/OFFICER, MR. KRISHNAPRASHANTH I.B …RESPONDENTS (BY SRI. K.V.LOKESH ADV. FOR C/R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE POSSESSION NOTICE DATED 14.01.2026 BEARING REF. NO. ARM/MNG.F425/1334/2025-26 (ANNX-A) UNDER SECTION 13 (4) OF THE SARFAESI ACT ISSUED BY THE RESPONDENT BANK.B. QUASHING THE SALE NOTICE DATED 14.01.2026 (ANNEXURE-B) FOR E-AUCTION SALE NOTICE FOR SALE OF IMMOVABLE PROPERTIES UNDER THE SARFAESI ACT.2002 READ WITH PROVISO TO RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 ISSUED BY THE RESPONDENT BANK, AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:12365 WP No. 4377 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Learned counsel for the petitioners filed a memo seeking leave of the Court to withdraw the writ petition with liberty to challenge the impugned notice before the Debt Recovery Tribunal. 2. The memo is placed on record. 3. Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty. 4. The liberty is reserved to the petitioners to approach the Debt Recovery Tribunal within 15 days from today. 5. Learned counsel for the respondents undertakes to provide the documents sought by the petitioners within a period of 10 days. - 4 - HC-KAR NC: 2026:KHC:12365 WP No. 4377 of 2026 6. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB