Karnataka High Court
WP/21721/2022 of B S THAMMAIAH Vs KARNATAKA BANK LIMITED on 21 September 2026
CNR: KAHC010507972022 NC: 2026:KHC:51866 WP No. 21721 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21721 OF 2022 (GM-DRT) BETWEEN: 1. B S THAMMAIAH S/O LATE SOMAIAH AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 21721 OF 2022 (GM-DRT)
BETWEEN:
1.
B S THAMMAIAH
S/O LATE SOMAIAH
AGED 55 YEARS
2.
MAINA THAMMAIAH
W/O B S THAMMAIAH
AGED 51 YEARS
BOTH ARE RESIDING AT
KOLAKERI VILLAGE
NAPOKLU HOBLI
MADIKERI TALUK
KODAGU DISTRICT - 571 214.
…PETITIONERS
(BY SRI. KARUMBAIAH T.A., ADVOCATE)
AND:
1.
KARNATAKA BANK LIMITED
MADIKERI BRANCH
NEAR KSRTC BUS STAND
KOHINOOR ROAD
MADIKERI TALUK
KODAGU DISTRICT - 571 201.
Digitally signed
by
ANNAPURNA
G
Location: High
Court of
Karnataka
HC-KAR
2.
THE CHIEF MANAGER AND
AUTHORIZED OFFICER
KARNATAKA BANK LIMITED
REGIONAL OFFICER, P.B. NO.15
NO.561, KARNATAKA BANK BUILDING
NEW KANTHARAJ URS ROAD
KUVEMPUNAGAR
MYSORE - 570 023.
3.
RECOVERY OFFICER-I
DEBT RECOVERY TRIBUNAL-II
JEEVAN MANGAL BUILDING
NO.4, RESIDENCY ROAD
BANGALORE - 560 025.
…RESPONDENTS
(BY SRI. K.V. SHYAMAPRASADA, ADVOCATE FOR R1 AND R3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-B
THE WARRANT OR ATTACHMENT OF IMMOVABLE PROPERTY
DATED 12.09.2022 BEARING NO.116/2022 IN OA NO.727/2020
AND ANNEXURE-C THE NOTICE FOR SETTING A SALE
PROCLAMATION DATED 12.09.2022 IN RC NO.116/2022 IN OA
NO.747/2020 AND ALL THE FURTHER PROCEEDINGS.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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ORAL ORDER
The captioned petition is by the borrower questioning the attachment of immovable property dated 12.09.2022
HC-KAR
and the consequent sale proclamation notice dated 12.09.2022 as per Annexures-B and C.
These actions are contemplated pursuant to order passed by the Debts Recovery Tribunal, Bengaluru, in O.A.No.747/2020. Without taking recourse to the remedy of an appeal before the Debts Recovery Appellate Tribunal, a writ petition is filed and an absolute stay is obtained vide order dated 03.11.2022.
The writ petition is not maintainable on two counts. Firstly, in light of law laid down by the Hon’ble Apex Court in United Bank of India Vs. Satyavati Tandon & others [(2010)8 SCC 110] and secondly, as the petitioner has an efficacious remedy of an appeal. Accordingly, stands dismissed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
HDK List No.: 1 Sl No.: 14