Karnataka High Court

WP/8075/2025 of KUSHALAPPA P C Vs THE AUTHORISED SIGNATORUY OFFICER AND SENIOR MANAGER CANARA BANK on 29 September 2026

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CNR: KAHC010186242025 NC: 2026:KHC:54039 WP No. 8075 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 8075 OF 2025 (GM-RES) BETWEEN: KUSHALAPPA P. C. S/O CHENGAPPA P. K., AGED ABOUT

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT PETITION NO. 8075 OF 2025 (GM-RES)

BETWEEN:

KUSHALAPPA P. C.

S/O CHENGAPPA P. K.,

AGED ABOUT 43 YEARS,

R/AT NO.162, A BLOCK,

S B M LAYOUT, BOGADI,

MYSORE - 570 026

…PETITIONER

(BY SRI. ABHIMANYU ARJUN DEVAIAH T., ADVOCATE)

AND:

1.

THE AUTHORISED SIGNATORUY OFFICER AND

SENIOR MANAGER, CANARA BANK

SARASWATHIPURAM II BRANCH,

MYSORE - 570 009

2.

M/S SHREE LAKSHMI ENTERPRISES

NO.381/1, 381/2, DEBUR VILLAGE,

NANJANGUD TALUK,

MYSURU - 571 135

M/S SHIVASHAKTHI BRICKS,

NO.381/1, 381/2, DEBUR VILLAGE,

NANJANGUD TALUK, MYSURU - 571 135

3.

SRI RAVISHANKAR

NO.264, AMBEDKAR ROAD,

DEBUR VILLAGE, KASABA HOBLI,

NANJANGUD TALUK, MYSURU.

HC-KAR

4.

SMT. JYOTHI

NO.264, AMBEDKAR ROAD,

DEBUR VILLAGE, KASABA HOBLI,

NANJANGUD TALUK, MYSURU.

…RESPONDENTS

(BY SRI. NANDAN A., ADVOCATE FOR C/R1)

THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASHING THE

IMPUGNED SALE NOTICE DATED 27.01.2025 VIDE ANNEXURE - A ISSUED UNDER SECTION 13 (A) OF THE SARFESI ACT, 2002

BEARING NO. MYS/RO.SALE NOTICE/ Q4/2024-25, AS BEING

ILLEGAL AND IN THE CONTRAVENTION TO THE PROVISION OF

LAW AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:

HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

Learned for the petitioner submits that they have no instructions from the petitioner and that they would file retirement memo.

2. It is forthcoming that the present writ petition is filed assailing the Sale Notice dated 27.01.2025, whereunder the auction was fixed on 28.02.2025. This Court by order dated 19.03.2025 had granted interim stay. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

HC-KAR

3. In view of the fact that the date of auction has already elapsed, the present writ petition is dismissed as having been rendered infructuous.

4. This order will not preclude the parties from availing such remedies as permissible under law.

5. Pending IAs., if any, stand disposed of.

(C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 55 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

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