- 1 - HC-KAR NC: 2026:KHC:22318 WP No. 8969 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8969 OF 2026 (GM-DRT) BETWEEN: SMT. FLOORA, AGED ABOUT 60 YEARS, D/O. LATE ANTHONY PEREIRA, R/O. KALUVINA BAGILU, MOVADI, TRASI VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576235. …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. CANARA BANK, (FORMERLY SYNDICATE BANK), HAVING ITS HEAD OFFICE AT 112, J.C. ROAD, BANGALORE - 560 002. HAVING ITS BRANCH OFFICE AT CANARA BANK, KUNDAPURA MUNICIPAL ROAD BRANCH, P.B.NO.10, KAMATH BUILDING, KUNDAPURA, UDUPI DISTRICT-576201. REP. BY ITS DIVISIONAL MANAGER, MR. M.N. RAMDASSMOORTHY. 2. MR. RANSAN SANTHOSH PEREIRA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22318 WP No. 8969 of 2026 S/O. LATE ANTONY PEREIRA, AGED ABOUT 48 YEARS, R/AT. "ANTONY VILLA", SY.NO.143/1A3P2, TRASI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576235 ALL AVAILABLE AT 3-48, MOVADI, KAINABAGILU, TRASI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576 235. 3. MR. WILSON OLIVERA, S/O. LATE LAWRENCE OLIVERA, AGED ABOUT 53 YEARS, R/AT. 3 115, PADUKONE POST, NADA VILLAGE, KUDAPURA TALUK, UDUPI DISTRICT-576 230. …RESPONDENTS (BY SRI. RANJAR KELKAR, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO QUASH THE THE ORDER DATED 17.02.2026 PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND CJM., UDUPI, IN CRL. MISC. CASE NO.23/2026 INITIATED BY THE RESPONDENT NO.1 BANK U/S 14 OF SARFAESI ACT, (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMIANRY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:22318 WP No. 8969 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore, the petitioner above named most humbly prays that this Hon'ble Court may be pleased to: (a) Issue a writ in the nature of Certiorari or any other appropriate writ or order or direction to quash the order dated 17.02.2026 passed by the court of Prl. Senior Civil Judge and CJM., Udupi, in Crl.Misc.Case No.23/2026 initiated by Respondent No.1 Bank u/s 14 of SARFAESI Act, (Annexure-'A'). (b) Grant any such other/further orders as may deem fit in the circumstances of the case." 2. Learned counsel appearing for the petitioner submits that the property is a joint family property, in that regard already a suit is filed and the same is pending adjudication. Without notice to the petitioner and others, the brother of the petitioner had mortgaged the property to the bank and availed the loan. As his account has become NPA, the bank had initiated proceedings under the SARFAESI Act, 2002. It is submitted that if the property is sold pending adjudication of the proceedings before the Civil Court, that would cause lot of hardship to the petitioner. It is further submitted that the - 4 - HC-KAR NC: 2026:KHC:22318 WP No. 8969 of 2026 petitioner is ready to pay the amount to the bank and he is also seeking a relief to return the title documents to the petitioner. 3. Learned counsel appearing for respondent No.1/ bank submits that apart from this loan there is another overdraft loan, unless and until the entire due is settled they cannot return the original documents. Further, they can return the documents to the borrower who has mortgaged the property. Learned counsel for the petitioner submits that the petitioner has no objections. 4. Having heard the learned counsels on either side, perused the material on record. Considering the submission of the learned counsel for the petitioner, this Court had directed the petitioner to file an undertaking affidavit that he will pay the amount within a time bound manner. Now, an affidavit is placed before this Court stating that the total outstanding amount is Rs.14,22,445/-. It is further stated that he undertakes to pay an amount of Rs.5,00,000/- by 23.05.2026 and he will clear the remaining outstanding amount by 23.08.2026. Considering the undertaking affidavit filed by the petitioner, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC:22318 WP No. 8969 of 2026 ORDER i. The petitioner shall pay an amount of Rs.5,00,000/- by 23.05.2026 and he shall pay the remaining outstanding amount within a period of four months from today i.e., by 23.08.2026. ii. If the petitioner fails to honour any of the clauses in the affidavit, he shall pay costs of Rs.1,00,000/- to respondent No.1/bank. iii. After all the loans are cleared the bank shall return the documents to the person who had mortgaged the property to the bank. iv. Accordingly, the writ petition is disposed of. v. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 22