- 1 - NC: 2025:KHC:8855 WP No. 5434 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5434 OF 2025 (GM-RES) BETWEEN: 1. SRI. RAMESH, AGED ABOUT 38 YEARS S/O RAMU, RESIDING AT NO. 215, 4TH CROSS, KEB LAYOUT, SANJAY NAGAR, BANGALORE - 560 094. 2. SMT. KOUSALYABAI S., W/O JAGANATHARAO, AGED ABOUT 60 YEARS, RESIDENT NO. 1, 2ND CROSS, 2ND MAIN, GEDDALAHALLI, NAIDU LAYOUT, SANJYANAGAR, BENGALURU - 560 094. 3. SRI. CHANDRAN M, AGED 50 YEARS, S/O MURUGAN, RESIDENT OF NO. 22, 4TH CROSS, NAGASHETTYHALLI, RMV II STAGE, BENGALURU - 560 094. 4. SMT. JAYAMMA, AGE 52 YEARS, D/O ADINARAYANAPPA, RESIDENT OF RESIDENT OF NO. 12, 5TH CROSS, NAGASHETTYHALLI, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8855 WP No. 5434 of 2025 BENGALURU - 560 094. …PETITIONERS (BY SRI. GOWTHAMDEV C. ULLAL, ADVOCATE) AND: 1. UNION BANK OF INDIA (REGISTERED UNDER COMPANIES ASSET RECOVERY BRANCH) NO.2/3, RAJA BUILIDING, N.R.ROAD, BANGALORE - 560 002, REPRESENTED BY ITS AUTHORIZED OFFICER. 2. SRI. B.S. KARIYAPPA, RESIDING AT NO.15, 3RD CROSS, 60 FEET ROAD, RMV II STAGE, II BLOCK, BENGALURU - 560 094. 3. SMT. B.K. YASHODA, AGED 49 YEARS, W/O B.S. KARIYAPPA, RESIDING AT NO.15, 3RD CROSS, 60 FEET ROAD, RMV II STAGE, II BLOCK, BENGALURU - 560 094. …RESPONDENTS (BY SRI. PRABHU RAO C.B, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.12.2024 VIDE ANNX-A IN CRL.MIS.NO. 10140/2024 IN VIII ADDL. ACM BANGALORE RESPECT OF THE PETITIONERS ARE CONCERNED. - 3 - NC: 2025:KHC:8855 WP No. 5434 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioners submits that the petitioners are not in any way coming in the way of the respondent-bank from recovering the loan amount at the hands of respondent Nos.2 and 3 who were the owners of the building, nor are the petitioners challenging the sale notice issued. It is submitted that the petitioners being tenants, have entered the premises on 01.03.2022, and since the examinations of the children will be held somewhere during the month of March or April, the petitioners are requesting this Court to issue necessary directions to the 1st respondent-bank to put the petitioners back in possession of the property in question. The petitioners undertake to vacate and hand over vacant possession of all four premises occupied by the petitioners as tenants, unconditionally, on or before the date fixed by this Court. 2. Learned counsel for the 1st respondent however, seeks to submit that the auction is scheduled to be held today. - 4 - NC: 2025:KHC:8855 WP No. 5434 of 2025 3. Having regard to the grievances vented out by the petitioners, this Court is of the considered opinion that no harm or prejudice will be caused to the 1st respondent bank if the petitioners are put back in possession of their respective tenements only for a period of two months maximum. As soon as the examination of the children are completed, the petitioners shall hand over the vacant possession of their respective premises to the 1st respondent-bank on or before 30.04.2025. The 1st respondent is permitted to proceed with the auction and even confirm the sale. 4. The writ petition is accordingly disposed of while making it clear that if the petitioners are put back in possession, it is only for the limited purpose as stated herein above, and at any cost the petitioners will have to hand over vacant possession of their respective premises to the 1st respondent-bank on or before 30.04.2025. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv