- 1 - HC-KAR NC: 2026:KHC:21329 WP No. 10137 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10137 OF 2025 (GM-DRT) BETWEEN: 1. SMT. G. GOWRAMMA, W/O LATE V.GOPALAIAH, AGED ABOUT 67 YEARS, R/AT NO.176, HUTHANAHALLI, CHIKKAJALA POST, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU. 2. MR. JAYAKUMAR, S/O LATE V. GOPALAIAH, AGED ABOUT 42 YEARS, R/AT NO.176, HUTHANAHALLI, CHIKKAJALA POST, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 562 157. 3. SMT. SAVITHA, D/O LATE V.GOPALAIAH, W/O H.N.MANJUNATH, AGED ABOUT 46 YEARS, R/AT NO.121A, 10TH WARD, 'B' BLOCK, RAMPATNA MAIN ROAD, BABUJINAGARA, GUDIBANDE, CHIKKABALLAPUR - 561 209. 4. SRI. VIJAYAKUMAR, S/O LATE V.GOPALAIAH, AGED ABOUT 42 YEARS, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21329 WP No. 10137 of 2025 R/AT FLAT NO.B-1402, RMZ GALLERIA RESIDENCES, TOWER AMBER, 14TH FLOOR, YELAHANKA, RMZ GALLERIA, BENGALURU - 560 064. …PETITIONERS (BY SMT.LAKSHMI IYENGAR, SENIOR COUNSEL FOR SRI. SRIKANTH M., ADVOCATE) AND: 1. UNION BANK OF INDIA, RAJAJINAGAR BRANCH, NO.25/2, FIRST MAIN, DR RAJKUMAR ROAD, II STAGE, RAJAJINAGAR, BENGALURU - 560 010. REPRESENTED BY ITS AUTHORISED OFFICER AND CHIEF MANAGER. 2. M/S. GANESH INTERNATIONAL, R/AT NO.78, GROUND FLOOR, 3RD MAIN ROAD, SUBRAMANYAPURA, TURAHALLI, UTTARAHALLI, BENGALURU - 560 061, REPRESENTED BY ITS MANAGING PARTNER SRI SARAVANA.M, S/O NOT KNOWN, AGED ABOUT 44 YEARS. (AUCTION PURCHASER) (PARTNERSHIP FIRM) …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE CERTIFICATE DATED 24/01/2024 REGISTERED ON 05/02/2024 VIDE DOCUMENT NO. CKB-1-07041/2023-24, OF BOOK-I, - 3 - HC-KAR NC: 2026:KHC:21329 WP No. 10137 of 2025 STORED IN THE CENTRAL DOCUMENT REGISTRY, REGISTERED IN THE OFFICE OF SENIOR SUB-REGISTRAR, CHIKKABALLAPURA, FOUND AT ANNEXURE - S AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: "i. Issue a writ, order or direction or writ of Certiorari to quash the Sale Certificate dated 24-01-2024) registered on 05-02- 2024 vide Document No. CKB-1- 07041/2023-24, of Book I, stored in the central Document Registry, registered in the office of Senior Sub-Registrar, Chikkaballapur, found at ANNEXURE-S. ii. Grant such other order, writ, as this Hon'ble court deems fit in the facts and circumstances of the case including the cost of this writ petition." 2. This writ petition is filed questioning the Sale Certificate that is issued in favour of the second respondent on 24.01.2024. The learned Senior Counsel appearing for the petitioners has urged several grounds with regard to the fact - 4 - HC-KAR NC: 2026:KHC:21329 WP No. 10137 of 2025 that, the loan is an agricultural loan and therefore, proceedings under the SARFAESI Act could not have been invoked. It is further contended that the sale was conducted without proper notice to the petitioners. 3. It is also to be noted that third-party rights have already accrued on 24.01.2024, upon issuance of the Sale Certificate. The present writ petition is filed on 19.03.2025, and till date, notice has not been served on Respondent No. 2. 4. The petitioners have an effective alternative remedy before the Debts Recovery Tribunal. Instead of approaching the DRT the present petition is filed. 5. 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 the DRT within 30 days from the date of receipt of the copy of this order. - 5 - HC-KAR NC: 2026:KHC:21329 WP No. 10137 of 2025 ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 3