- 1 - HC-KAR NC: 2026:KHC:18839 WP No. 10181 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10181 OF 2025 (GM-DRT) BETWEEN: 1. 1A. 1B. 1C. SRI. MUNISHAMAPPA S/O. MUNIPILLAPPA, SINCE DECEASED BY LRS YASHODHA G.K. W/O. LATE MUNISHAMAPPA AGED ABOUT 53 YEARS, DEEPU B.M., S/O. LATE MUNISHAMAPPA AGED ABOUT 36 YEARS BHARATH BABU B.M. S/O. LATE MUNISHAMAPPA AGED ABOUT 33 YEARS ALL ARE R/AT NO.1, 'BHOOMI KRUPA' NILAYA SOMESHWARANAGAR MAIN ROAD, CHIKKABOMMASANDRA, YELAHANKA NEW TOWN GKVK-POST, BANGALORE - 560 065. …PETITIONERS (BY SMT. RADHIKA, ADVOCATE FOR SRI. THIMMEGOWDA N., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18839 WP No. 10181 of 2025 AND: 1. CANARA BANK HAVING HEAD OFFICE AT NO.112, J.C. ROAD, HALSURGATE, NAGARATHPETE, BANGALORE- 560001. REPRESENTED BY ITS CHIEF MANAGER. 2. THE BRANCH MANAGER CANARA BANK MASUR BRANCH ADIKPET, MASUR HAVERI DISTRICT PIN - 581 210. 3. SRI. NAGARAJ T CHALAGERI, S/O. TARAKESHAPPA, AGED ABOUT 57 YEARS, R/AT TIPPAI KOPPA VILLAGE, RATTIHALLI TALUK, HAVERI DISTRICT, PIN - 581 210. 4. SRI. MUTHURAJ N. CHALAGERI, S/O. NAGARAJAPPA, AGED ABOUT 30 YEARS, R/AT TIPPAI KOPPA VILLAGE, RATTIHALLI TALUK, HAVERI DISTRICT, PIN - 581 210. 5. SMT. CHAITRA CHALAGERI, D/O. NAGARAJ, AGED ABOUT 33 YEARS, - 3 - HC-KAR NC: 2026:KHC:18839 WP No. 10181 of 2025 R/AT TIPPAI KOPPA VILLAGE, RATTIHALLI TALUK, HAVERI DISTRICT, PIN - 581 210. 6. SMT. BHAGYAMMA N CHALAGERI, W/O. NAGARAJ, AGED ABOUT 53 YEARS, R/AT TIPPAI KOPPA VILLAGE, RATTIHALLI TALUK, HAVERI DISTRICT, PIN - 581 210. 7. SMT. SHILPA SHIVAPRAKASH CHALAGERI, W/O. SHIVAPRAKASH KANCHIKERI, AGED ABOUT 30 YEARS, R/AT TIPPAI KOPPA VILLAGE, RATTIHALLI TALUK, HAVERI DISTRICT, PIN - 581 210. 8. SRI. B.M. SOMASHEKHAR PATEL S/O. B.M. MRUTHYUNJAYAPPA, AGED ABOUT 66 YEARS, NO.1462, 8TH MAIN, 1ST CROSS, JUDICIAL LAYOUT, YELAHANKA, BANGALORE - 560 065. 9. SRI. VIJAYA KUMAR. K CHALAGERI, S/O. NAGARAJAPPA, AGED ABOUT 38 YEARS, R/AT TIPPAI KOPPA VILLAGE, RATTIHALLI TALUK, HAVERI DISTRICT, PIN - 581 210. - 4 - HC-KAR NC: 2026:KHC:18839 WP No. 10181 of 2025 10. SRI. N. RAJESH S/O. S.M. NARAYANAPPA, AGED ABOUT 47 YEARS R/AT NO.61, CHINGARAPPA LAYOUT, NEAR KASHINATHA TEMPLE, SRIRAMAPURA VILLAGE, JAKKUR POST, BANGALORE - 560 064. …RESPONDENTS (BY SRI. M. MOHAN RAO, ADVOCATE FOR C/R2 (VC)) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 BANK AUTHORITIES TO FORTHWITH STOP THE INITIATION OF THE PROCEEDINGS UNDER THE PROVISIONS OF SARFAESI ACT ON THE PROPERTY OF THE PETITIONER BEARING KATHA NO. 323/47/47 PROPERTY NO.47/47 MEASURING EAST TO WEST 65 FT. NORTH TO SOUTH 37 FT TOTALLY MEASURING 2405 SQ.FT. WITH THREE STORIED BUILDING SITUATED AT SRIRAMPURA VILLAGE, YELAHANKA HOBLI AND TALUK VIDE ANNEXURE - T. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2026:KHC:18839 WP No. 10181 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayers: “(a) Issue the writ in the nature of mandamus, directing the respondent No.1 & 2 bank authorities to forthwith stop the initiation of the possession notice dated 24/12/2024 under the provisions of SARFAESI Act, on the property of the petitioner bearing khatha No.323/47/47, property No.47/47 measuring East to West:65 ft. North to South: 37 ft. totally measuring 2405 Sq. ft. with three storied building situated at Srirampura Village, Yelahanka Hobli and Taluk Vide ANNEXURE-T i.e., possession notice. (b) To issue such other writ, order or directions as may be deemed fit to issue in the circumstances of this case including an order as to cost in the interest of justice & equity.” 2. Different contentions are raised by the petitioners stating that they are the purchasers of the property and that, without their knowledge, the property was sold to some other person, who mortgaged the same and obtained a loan. Hence, the petitioners have come before the court. - 6 - HC-KAR NC: 2026:KHC:18839 WP No. 10181 of 2025 3. The petitioners have raised several disputed questions of fact in the present writ petition. This Court exercising the jurisdiction under Article 226 of the Constitution of India, cannot decide these issues by entertaining the writ petition of this nature. 4. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioners to avail the appropriate remedy before for the appropriate Court. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As if any, in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 25