- 1 - HC-KAR NC: 2025:KHC:54777 WP No. 39134 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 39134 OF 2025 (GM-DRT) BETWEEN: SMT. SHARADAMMA W/O. SRI. RAMAPPA REDDY, AGED ABOUT 80 YEARS, R/O. HALANAYAKANAHALLI, CARMELARAM, BANGALORE SOUTH BANGALORE - 560035. …PETITIONER (BY SRI. SOMEGOWDA A.N., ADVOCATE) AND: 1. INDIAN OVERSEAS BANK KORAMANGALA BRANCH, NO.12, MPD TOWER, INDUSTRIAL MAIN ROAD, KORAMANGALA, 5TH BLOCK, BENGALURU- 560 095 REPRESENTED BY ITS AUTHORISED OFFICER, 2. M/S. S AND G METAL BUILDING SOLUTIONS (INDIA) PVT. LTD., HAVING ITS OFFICE AT OLD NO.21, NEW NO.74/2A, K.R. GARDEN, 8TH BLOCK, (OPP) NDDB, KORAMANGALA, BANGALORE- 560095 REPRESENTED BY ITS MANAGING DIRECTORS, MR. SUDHAKAR R. MRS. GEETHA V. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54777 WP No. 39134 of 2025 3. MR. SUDHAKAR RAMAIAH REDDY DIRECTOR, M/S. S AND G METAL BUILDING SOLUTIONS (INDIA) PVT. LTD., OFFICE AT OLD NO. 21, NEW NO. 74/2A, K.R. GARDEN, 8TH BLOCK, (OPP) NDDB, KORAMANGALA, BANGALORE- 560 095. 4. MRS. GEETHA. V NO. 696, GEETHASUDHA NILAYA, 2ND A MAIN ROAD, 8TH BLOCK, KORAMANGALA, BANGALORE- 560 095. …RESPONDENTS (BY SRI. VIVEK.S., ADVOCATE FOR C/R1) ----- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE AUCTION SALE NOTICE DATED 11.12.2025 AT ANNEXURE- E ISSUED BY THE RESPONDENT NO.1 WITH RESPECT TO THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:54777 WP No. 39134 of 2025 ORAL ORDER The present writ petition is filed calling in question the Auction Sale Notice dated 11.12.2025. 2. It is the contention of the petitioner that the Mortgagor did not have absolute right, title or interest to mortgage the property and a suit for partition in O.S.No.795/2009 was filed, which was decreed on 22.03.2014. An appeal challenging the said judgment and decree is pending before this Court. It is hence contended that, the entire property could not be brought to sale. 3. The petitioner is calling in question the Auction Sale Proceedings sought to be conducted by the Respondent No.1- Bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "SARFAESI Act"). 4. In view of the factual questions that arise for consideration in the present case, the present writ petition is disposed of reserving liberty to the petitioner to avail the - 4 - HC-KAR NC: 2025:KHC:54777 WP No. 39134 of 2025 alternative remedy available under Section 17 of the SARFAESI Act. Sd/- (C.M. POONACHA) JUDGE rs List No.: 1 Sl No.: 72