- 1 - NC: 2025:KHC:17693 WP No. 9156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9156 OF 2025 (GM-RES) BETWEEN: 1. MR MAHESH V S, S/O. SEETHAPPA T, AGED ABOUT 50 YEARS, R/AT 24, VENKATAPURA, LAKKONDAHALLI, HOSAKOTE, BENGALURU RURAL - 562 114. 2. MR. BHARATH JAIN, S/O. GOWTHAM CHAND, AGED ABOUT 30 YEARS, R/AT NEAR BASAVESHWARA TEMPLE, OPP. TO PRABHAKARA BUILDING, HOSAKOTE TOWN - 562 114. …PETITIONERS (BY SRI. KAVITHA D.,ADVOCATE) AND: 1. M/S CITY UNION BANK LTD., (REGISTERED UNDER THE COMPANIES ACT, 1913), MARATHAHALLI BRANCH, SITE NO.61, 3RD CROSS, ASHWATH NAGAR, KALAMANDIR SERVICE ROAD, MARATHAHALLI, BENGALURU - 560037, IFSC CODE CIUB0000513, REP. BY ITS AUTHORIZED OFFICER. 2. MR. N. KRISHNA KUMAR, S/O. NAGARAJAPPA, AGED ABOUT 35 YEARS, 3. MR. N. N. SUDHAKAR, S/O. NAGARAJAPPA, AGED ABOUT 34 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17693 WP No. 9156 of 2025 THE RESPONDENT NO.2 AND 3 ARE R/AT NO.403, SITE NO.56 AND 57, SJP LAYOUT, NAGONDANAHALLI COLONY, KADUGODI, BANGALORE-560067. …RESPONDENTS (BY SRI VINAY SWAMY C.,ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 BANK TO RELEASE THE PETITIONERS 24 PERCENT OF THE AUCTION AMOUNT, AMOUNTING TO RS.35,75,000/- PAID TOWARDS THE AUCTION PURCHASE DATED 09-09-2024 AS ACKNOWLEDGED BY THE RESPONDENT NO.1 BANK THROUGH THEIR AUCTION SALE CONFIRMATION LETTER DATED 09-09-2024 VIDE ANNEXURE-B ALONG WITH THE PENAL INTEREST OF RS.24 PERCENT P.A., TILL THE DATE OF REALIZATION AND THE PAYMENT OF SOLATIUM BASED ON THE FINAL ORDER DATED 19-12-2024 IN W.P.NO.27553/2024 VIDE ANNEXURE-D PAYABLE TO THE PETITIONERS, WITHOUT CAUSING ANY FURTHER DELAY. THIS PETITION, COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The learned counsel Sri Vinay Swamy submits that the amount of the auction purchaser at Rs.34,75,000/- and the solatium of 10% per annum is transmitted to the petitioners. The petitioners are not receiving the same. The petitioners shall receive the same if it is the - 3 - NC: 2025:KHC:17693 WP No. 9156 of 2025 solatium as said for 5 months @ 10% per annum along with the amount that is indicated herein-above Rs.34,75,000/-. The amount shall be transmitted to the account of first petitioner. 2. With the above observation, the petition is disposed. 3. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CHS List No.: 1 Sl No.: 31