- 1 - HC-KAR NC: 2025:KHC:24200 WP No. 8698 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8698 OF 2025 (GM-RES) BETWEEN: 1. SRI SRINIVAS BHASKAR S/O. BHASKAR, AGED ABOUT 39 YEARS, AADHAR NO.2461 1279 2268 R/AT 102, RAGHVENDRA COLONY, PADARAJ MUTT, CHAMARAJPET, BENGALURU-560 018. 2. SRI. SRIRANGA HARISH PANDIT S/O. HARISH V, AGED ABOUT 44 YEARS, AADHAR NO. 8424 3257 5466 R/AT NO.2, 1ST FLOOR, ANJANEYA TEMPLE STREET, BENGALURU-560 002. …PETITIONERS (BY SRI. B RAJA SUBRAHMANYA BHAT., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY POLICE INSPECTOR, KENGERI POLICE STATION, BENGALURU-560 060. 2. M/S. UNION BANK OF INDIA REP. BY ITS AUTHORIZED OFFICER, VONTIKOPPAL BRANCH REGIONAL OFFICE, NO. 2254 KOUSALYA, 3RD FLOOR Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24200 WP No. 8698 of 2025 VINOBA ROAD MYSURU-570 005. 3. THE BRANCH MANAGER UNION BANK OF INDIA NO.13/1, 13/2 TEMPLE ROAD V V MOHALLA MYSURU-570002. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1; SRI. SATYANARAYANA., ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS 2 AND 3 BANK DIRECTING THEM TO HANDOVER VACANT PHYSICAL ACTUAL POSSESSION OF THE PETITION SCHEDULE PROPERTY TO THE PETITIONERS AS REQUESTED AS PER LETTER DATED 19.02.2025 VIDE ANNEXURE-N. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioners have sought for issuance of appropriate writ in the nature of mandamus to direct respondents 2 and 3 to hand over vacant physical possession of the petition schedule property to the petitioners. 2. This Court on 19.06.2025 had passed interim direction as follows: - 3 - HC-KAR NC: 2025:KHC:24200 WP No. 8698 of 2025 "Petitioners have filed an application I.A.1/2025 under Section 151, CPC and have sought for certain relief and it is asserted that a person is residing in the shed and accordingly the premises that the auction purchaser has purchased is not vacant. Learned counsel appearing for the respondent - Bank submits that as on the date of proposed hand over of keys to the petitioner, the shed was vacant and scrap items were removed as on 30.05.2025 and submits that they are not aware of any subsequent event. However, in light of the contentions raised, it would be appropriate to appoint an Advocate as Commissioner to visit the site to inspect the shed to open the lock and take photographs of the shed and verify if there is any third person in the shed and whether the shed is empty. Both parties are at liberty to file their memo of instructions. The Commissioner to affix notice in consultation with the counsel on record. The said report to be filed, by the next date of hearing. - 4 - HC-KAR NC: 2025:KHC:24200 WP No. 8698 of 2025 Both parties to bear their share of expenditure incurred insofar as the Commissioner's work is concerned. The court fixes a provisional sum of Rs.20,000/- for the Commissioner. Ms. Akshata Sharma, Advocate, No.2/2, 1st Floor, Margosa Road, Near 13th Cross Malleshwaram, Bangalore-560003[akshatasharma89@gmail.com] is appointed as Commissioner. Copy of intimation to be given. Commissioner to complete instructions as ordered, within a period of one week. Re-list the matter on 04.07.2025." 3. Pursuant to the said report, the Commissioner has filed a report and has recorded handing over of symbolic possession. Document No.1 to the said report discloses the submission of the petitioners that they have taken actual physical possession of Site nos. 13 and 14. 4. Learned counsel for petitioners submits that grievance of the petitioners has been redressed. - 5 - HC-KAR NC: 2025:KHC:24200 WP No. 8698 of 2025 5. Accordingly, taking note of the Commissioner's Report by placing on record the appreciation for the efforts of the Court Commissioner, the writ petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP