- 1 - NC: 2025:KHC:3487 WP No. 2126 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2126 OF 2025 (GM-RES) BETWEEN: 1. SRI. N. KRISHNA KUMAR, AGED ABOUT 34 YEARS, S/O NAGARAJAPPA, 2. SRI. N.N. SUDHAKAR, AGED ABOUT 34 YEARS, S/O NAGARAJAPPA, BOTH ARE RESIDING AT NO.403, SITE NO.56 AND 57, SJP LAYOUT, NAGONDANAHALLI COLONY, KADUGODI, BANGALORE - 560 067. …PETITIONERS (BY SRI. LOKESHA Y, ADVOCATE) AND: THE MANAGER., CITY UNION BANK LIMITED, SITE NO.61, 3RD CROSS, ASHWATH NAGAR, KALAMANDIR SERVICE ROAD, MARATHAHALLI, BANGALORE - 560 037. …RESPONDENT (BY SRI. C. VINAY SWAMY, ADVOCATE) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3487 WP No. 2126 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) SET-ASIDE THE COMMUNICATION/VACATION NOTICE DATED 3.10.2024 VIDE ANNEXURE-J ISSUED BY THE RESPONDENT AND ALL FURTHER ACTION PURSUANT TO COMMUNICATION/VACATION NOTICE DATED 3.10.2024 SO FAR AS PETITIONER CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Sri.C.Vinay, learned counsel undertakes to appear for the respondent-Bank. Learned counsel for the respondent submits that earlier too, the petitioners had filed W.P.No.27553/2024 and the said writ petition was dismissed since the petitioners did not comply with the interim directions issued by this Court. Even before the writ petition was dismissed, the auction was held and the sale was confirmed. 2. Learned counsel for the petitioners points out to the order passed by this Court in W.P.No.27553/2024 at Annexure-J and submits that the writ petition was dismissed with the following directions: - 3 - NC: 2025:KHC:3487 WP No. 2126 of 2025 "5) In light of the petitioners’ undertaking, the writ petition is disposed of with the following directions: (a) The petitioners shall close the loan account by depositing the entire outstanding amount due as of today on or before 15.01.2025. (b) The petitioners shall pay a solatium at the rate of 10% per annum to the successful auction purchaser from the date of deposit of the auction amount until the loan account is fully cleared. (c) In the event the petitioners fail to close the loan account by 15.01.2025, the respondent-Bank is at liberty to confirm the sale and issue a sale certificate to the successful auction purchaser in accordance with law." 3. It is clear from the submissions of the learned counsel for the petitioners that the petitioners have not complied with the directions issued by this Court. 4. The writ petition is accordingly dismissed while warning the petitioners that they cannot go on filing such - 4 - NC: 2025:KHC:3487 WP No. 2126 of 2025 petitions without complying with the directions issued by this Court. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 11 CT: BHK