Petitioner challenged an auction sale notice issued by Canara Bank and sought return of possession of the secured property. Counsel reported that outstanding dues were paid, the loan account was closed, and possession was delivered to the petitioner. The court disposed of the writ petition as infructuous.
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HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 36845 OF 2025 (GM-DRT)
BETWEEN:
Digitally signed by KIRAN KUMAR R
Location: HIGH COURT OF KARNATAKA
SRI SHABEER HUSSAIN S/O SRI. NISSAR HUSSAIN AGED ABOUT 40 YEARS R/AT II STAGE, NEAR QUBA MASIDI RML NAGARA, SHIVAMOGGA 577 201 CURRENTLY R/AT TIRTHAHALLI SHIVAMOGGA DISTRICT 577 432 REPRESENTED BY HIS GPA HOLDER SRI. IRFAN E, S/O SRI. IBRAHIM (BUSINESSMAN) AGED ABOUT 39 YEARS, R/AT HOUSE NO.1 3RD CROSS, MANJUNATHA LAYOUT BADAVANE, SHIVAMOGGA - 577 205
…PETITIONER
(BY SRI. H S PRASHANTH., ADVOCATE)
NC: 2026:KHC:8844 WP No. 36845 of 2025
HC-KAR
AND:
JC ROAD, HEAD OFFICE AT NO. 112 JC ROAD, BENGALURU 560 002 E-MAIL [email protected] REPRESENTED BY ITS AUTHORIZED OFFICER
GOPALA BRANCH SHIVAMOGGA CITY 577 205 REPRESENTED BY ITS MANAGER
…RESPONDENTS
(BY SRI.VIGNESH SHETTY, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION SALE NOTICE DATED 04/08/2025 VIDE ANNEXURE-A ISSUED BY THE RESPONDENT NO. 2 OR ANY OTHER SUBSEQUENT SALE NOTICES ISSUED BY THE RESPONDENTS HEREIN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2026:KHC:8844 WP No. 36845 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this petition challenging the auction sale notice dated 04.08.2025 vide Annexure-A and also sought a mandamus directing the respondent to deliver the possession of the schedule property to the petitioner
for consideration in this writ petition and accordingly, the
NC: 2026:KHC:8844 WP No. 36845 of 2025
HC-KAR
writ petition is disposed of as having rendered
infructuous .
application(s), if any, shall stand disposed of.
Sd/(ASHOK S.KINAGI) JUDGE
PA
List No.: 2 Sl No.: 29
1 issue framed by the court
Whether the challenge to the auction sale notice survives after the petitioner cleared all dues and possession was returned?
Shabeer Hussain
Canara Bank (Head Office, JC Road)
Canara Bank, Gopala Branch, Shivamogga
Ashok S.Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
