IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 4750 OF 2026 (GM-DRT)

BETWEEN:

CANARA BANK, ASSET RECOVERY MANAGEMENT BRANCH-I, 2^ND FLOOR, CIRCLE OFFICE, NO.86, SPENCER TOWER, M.G. ROAD, BANGALORE-560 001.

REPRESENTED BY ITS MR. PITABASHA ACHARYA.

…PETITIONER (BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE)

AND:

1. THE JOINT COMMISSIONER BBMP BRUHAT BENGALURU Digitally signed MAHANAGARA PALIKE, by SUVARNA T Location: HIGH MALLESHWARAM, COURT OF BANGALORE-560 003.

KARNATAKA

2. THE CHAIRMAN/CHIEF EXECUTIVE DATTAPRASAD CO-OPERATIVE HOUSING SOCIETY LTD., 260, 10^TH MAIN ROAD, MALLESHWARAM, BENGALURU-560003.

3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.146, SAHAKARASOUDHA, 3^RD FLOOR, 3^RD MAIN, 8^TH CROSS, MALLESWARAM, BENGALURU-560003.

4. THE SUB-REGISTRAR, BBMP BRUHAT BENGALURU MAHANAGARA PALIKE, MALLESHWARAM, BANGALORE-560003.

5. MR. ANAND MULKY S/O. LATE SRI. G.R. MULKY, RESIDING AT NO.43/1, DATTAPRASAD APARTMENTS, 10^TH MAIN, MALLESWARAM, BANGALORE-560003.

…RESPONDENTS (BY SRI. MANJUNATH. K, HCGP FOR R1 AND R3;

SRI. N. D. SATISHCHANDRA, ADVOCATE FOR R2;

SRI. B.S. KARTHIKEYAN, ADVOCATE FOR R4;

V/O DTD 21.2.2026 - NOTICE TO R5 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NO.2 THE CO-OPERATIVE SOCIETY TO CONSIDER THE REPRESENTATION DATED 04.02.2025 AND REPRESENTATION DATED 27.11.2025 ANNEXURE-H FORTHWITH TO TRANSFER OF OWNERSHIP AND TRANSFER THE SHARES PERTAINING TO FLAT NO. A3/1 IN DATTAPRASAD APARTMENT, AND ISSUE THE SHARE CERTIFICATE IN FAVOUR OF THE AUCTION PURCHASERS PURSUANT TO THE SALE CERTIFICATE ISSUED UNDER THE SARFAESI ACT AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, 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 prayer:

"WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court may be pleased to:

(a) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent No.2- the Co-operative Society to Consider the Representation dated 27.11.2025 ANNEXURE-H forthwith to transfer of ownership and transfer the shares pertaining to Flat No.A3/1 in "Dattaprasad Apartment", and issue the share certificate in favour of the auction purchasers pursuant to the Sale Certificate issued under the SARFAESI Act;

(b) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent No.1 and 4-BBMP to consider the Representation dated 24.01.2025 ANNEXURE-F and representation dated 21.07.2025 ANNEXURE-G to register the Sale Certificate and effect transfer and bifurcation of E-Khata in respect of Flat No.A3/1 in favour of the auction purchasers.

(c) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent No.3-the Registrar of Co-operative Societies to consider the representation dated 04.12.2025 to exercise its statutory powers and ensure compliance by Respondent No.2 in transferring the shares and issuing the share certificate in accordance with law in ANNEXURE-J is representation dated

04.12.2025.

(d) Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.

(e) Award costs of this Writ Petition."

2. Petitioner is the Canara Bank. It is the case of the petitioner that respondent No.4 had availed various credit facilities from the petitioner/bank by mortgaging Flat No.A3/1 situated in "Dattaprasad Apartment", after obtaining prior permission from respondent No.2-the Society. A registered memorandum of title deeds was duly executed in favour of the petitioner/bank and also respondent No.4 had created an equitable mortgage by depositing the title deeds. W