Sri Vijay Rathod Vs Canara Bank — Writ and Judicial Review | Karnataka HC (2026)

Sri Vijay Rathod Vs Canara Bank — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:16335 WP No. 33341 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 33341 OF 2024 (GM-DRT)

BETWEEN:

SRI VIJAY RATHOD AGED ABOUT 60 YEARS, S/O LATE K.T. RATHOD, RESIDING AT NO.501, A-III BLOCK, V FLOOR, WHITE HOUSE APARTMENT, 15TH CROSS, 6TH MAIN, RT NAGAR, BENGALURU - 560 032. …PETITIONER (BY SRI. SHOBHA H.K., ADVOCATE) AND:

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

CANARA BANK SPECIALIZED MID CORPORATE BRANCH NO.34, 1ST MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020 REPRESENTED BY ITS AUTHORIZED OFFICER AND CHIEF MANGER

ALSO AT ARM BRANCH- II, 2ND FLOOR, SPENCER TOWERS, NO.86, MG ROAD, BANGALORE - 560 001. REPRESENTED BY ITS AUTHORIZED OFFICER AND CHIEF MANGER

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MR. M.SURESH @ MOHAN SURESH AGED ABOUT 63 YEARS, S/O LATE D. MOHAN,

MRS. SUREKHA SURESH AGED ABOUT 54 YEARS, W/O M. SURESH @ MOHAN SURESH,

RESIDING AT NO.604, E-II BLOCK, SRI RAM WHITE HOUSE APPARTMENT, UNIT NO. WH-87 6^TH FLOOR, 15^TH CROSS, 6^TH MAIN, RT NAGAR, BENGALURU 560 032.

ALSO AT A-1501, VAISHNAVI TERRACE, DOLLARS COLONY, J. P. NAGAR, 4^TH PHASE, BENGALURU - 560 078.

M/S TECH NOSPARK INDUSTRIES INDIA PVT. LTD. REPRESENTED BY

A) MR. MOHAN SURESH, MANAGING DIRECTOR B) MRS. SUREKHA SURESH, DIRECTOR, 1341, KAVALBYRASANDRA, RT NAGAR POST, (NEAR DR. AMBEDKAR MEDICAL COLLEGE), BANGALURU - 560 032.

AND ALSO AT PLOT NO.178-A2, AND 179-A KIADB INDUSTRIAL AREA, VASANTHANARASAPURA, IST PHASE, NAGENAHALLI POST, KORA HOBLI,

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NC: 2026:KHC:16335 WP No. 33341 of 2024

HC-KAR

TUMAKUR - 572 128.

…RESPONDENTS

(BY SRI. VINAY SWAMY, ADVOCATE FOR R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, PRAYING TO QUASH THE IMPUGNED NOTICE BEARING REF NO.BLRARM-II /2024-25 DTD 12.11.2024 (ANNX-P) ISSUED BY THE R-1 AS ILLEGAL ARBITRARYRY WITHOUT THE AUTHORITY OF LAW AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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:

“a) ISSUE a Writ of Certiorari or any other appropriate writ, order or direction to quash the impugned Notice bearing ref no. BLRARM-II/2024-25 dated 12-112024(Annexure-P) issued by respondent no.1 as illegal, arbitrary, without the authority of law and against the principles of natural justice.

b) ISSUE a Writ of Mandamus or any other appropriate writ, order or

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NC: 2026:KHC:16335 WP No. 33341 of 2024

HC-KAR

direction, directing the respondent no. 1 bank, its agents, staff and all persons claiming under or through the respondent no.1 bank directing them not to dispossess the petitioner, his family members from the schedule B flat until the disposal of IA-1 under order 39 rule 1 & 2 CPC filed in OS.no.6599/2024 before the additional city civil and sessions judge- CCH-36(Annexure M).

c) PASS such order or orders as the Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity. MEA

d) Award costs of the proceedings.”

There was no representation on behalf of the petitioner on 11.03.2026 and 13.03.2026. On 13.03.2026, the matter was directed to be listed under the caption for ‘dismissal’. Today also, there is no representation on behalf of the petitioner. It appears that the petitioner is not interested to pursue the matter.

Learned counsel appearing for the respondent No.1 Bank submits that the sale has been concluded and the sale certificate has already been issued on 26.12.2025.

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HC-KAR

In that view of the matter, this Court is passing the

following:

ORDER

i. Accordingly, the writ petition is dismissed for non-prosecution.

SD/-

(LALITHA KANNEGANTI)

JUDGE

SMC List No.: 1 Sl No.: 15