- 1 - NC: 2025:KHC-D:3086 WP No. 100606 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100606 OF 2025 (GM-RES) BETWEEN: 1. M/S. MABUSAB AND SONS PROP. SMT. HUSSAIN BEE SINCE DECEASED BY LRS. SRI. P. KHASIM WALI S/O. MABUSAB, AGE. 60 YEARS, OCC. BUSINESS, 2. SRI. P. DADA WALI S/O. MABUSAB, AGE. 50 YEARS, OCC. BUSINESS, 3. SRI. P. KHAJA WALI S/O. MABUSAB, AGE. 48 YEARS, OCC. BUSINESS, 4. SRI. P. JHANI WALI S/O. MABUSAB, AGE. 46 YEARS, OCC. BUSINESS, ALL ARE R/O. D. NO.48/1, VASUDEV NAIDU STREET, KAMELA ROAD, BALLARI -583101, OFFICE ADDRESS: SHOP NO. 16, APMC YARD, WARD NO. 6, BALLRI DOUBLE ROAD, BALLARI -583101, TQ. AND DIST. BALLARI. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.19 10:32:31 +0530 - 2 - NC: 2025:KHC-D:3086 WP No. 100606 of 2025 5. M/S LIMRA RICE MILLS, PROP. SMT. NASEEMA BANU W/O. B. S. VALEEBASHA, AGE. 65 YEARS, OCC. BUSINESS, R/O. APMC YARD, BALLARI -583101, TQ. AND DIST. BALLARI. …PETITIONERS (BY SRI BALAGOUDA A. PATIL, ADVOCATE) AND: THE AUTHORIZED OFFICER, INDIAN OVERSEAS BANK, BALLARI BRANCH, PLOT NO.3 AND 9, WARD NO.16, 1ST FLOOR, ANANTPUR ROAD, BALLARI -583101, TQ. AND DIST. BALLARI. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO WHEREFORE, THE PETITIONER RESPECTFULLY PRAYS THAT THIS HON’BLE COURT MAY KINDLY BE PLEASED TO CALL FOR RELEVANT RECORDS, AND (I) ISSUE A WRIT OF CERTIORARI OR SUCH OTHER WRIT QUASHING THE PUBLIC NOTICE FOR E-AUCTION FOR SALE OF IMMOVABLE PROPERTIES DATED 14/01/2025 PUBLISHED IN DECCAN HERALD NEWS PAPER HOSAPETE EDITION PRODUCED AS PER ANNEXURE-A, WHEREIN THE SALE IS SCHEDULED TO BE HELD ON 30/01/2025. (II) ISSUE A DIRECTION TO THE RESPONDENT BANK, DIRECTING THEM TO GRANT 6 MONTHS TIME TO PAY THE BALANCE AMOUNT FROM THE DATE OF DISPOSAL OF THIS INSTANT WRIT PETITION. AND PASS SUCH OTHER ORDERS AS MAY BE DEEMED APPROPRIATE IN THE CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3086 WP No. 100606 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) This Court on 29.01.2025 had passed the following order: “Office objection is overruled. The petitioners are before this Court calling in question notification of auction notified by the respondent - Indian Overseas Bank. The notice depicts that the petitioners are in due of Rs.70,00,000/-. There shall be an interim order of stay of the auction subject to the condition that the petitioners would deposit Rs.5,00,000/- in the next two weeks and another Rs.10,00,000/- in the next four weeks after the expiry of two weeks. In the event the petitioner would not deposit the first chunk of Rs.5,00,000/-, the interim order would stand automatically vacated and the petitioners also run the risk of the petition itself getting dismissed. The petitioners shall serve on any panel counsel representing the respondent - Indian Overseas Bank. List the matter on 14.02.2025. Hand delivery is permitted.” 2. The counsel for petitioners submits that he has no instructions with regard to payment made or otherwise. 3. The counsel for the respondent-Bank submits that not even a rupee has been paid pursuant to the order - 4 - NC: 2025:KHC-D:3086 WP No. 100606 of 2025 dated 29.01.2025. Therefore, there can be no indulgence shown to the petitioners. 4. In the light of the observations made in the order dated 29.01.2025, petition stands rejected. Interim order stands dissolved. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Naa List No.: 1 Sl No.: 91