- 1 - HC-KAR NC: 2025:KHC:43556 WP No. 19940 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19940 OF 2025 (GM-DRT) BETWEEN: 1. SRI AJMAL SHAIK SON OF SRI. S.A. AHMED AGED ABOUT 47 YEARS 2. SMT. SALMA, WIFE OF SRI. AJMAL SHAIK, AGED ABOUT 47 YEAR 3. SMT. NAFEESA SULTANA WIFE OF MR. MOHAMED NIYAZUDDIN AGED ABOUT 49 YEARS RESIDING AT FLAT NO. B-003 ANANDA BAIRAVI APARTMENT, NO.228, KACHARKANAHALLI HBR LAYOUT, BANGALORE-560 084 4. SRI. ARIF PASHA SON OF SRI. ABDUL HAMEED AGED ABOUT 47 YEARS RESIDING AT NO.258, LAXSHMI DEVI NAGAR, II BLOCK, MAGADI TALUK, KUDUR-561 101 …PETITIONERS (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE JAMMU AND KASHMIR BANK LIMITED Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43556 WP No. 19940 of 2025 FRAZER TOWN BRANCH, GROUND FLOOR, GOLD SIGNATURE, 95, MOSQUE ROAD, FRAZER TOWN, BENGALURU-560 005 REPT. BY ITS AUTHORIZED OFFICER MR.NISSAR AHMED ZARGAR 2. SRI. MOHAMMED AJAZ SON OF MOHAMED ZIAUDDIN AGED ABOUT 47 YEARS RESIDING AT NO.31, 2ND CROSS 4TH MAIN, MUNIVENKATAPPA LAYOUT NAGAWARA, BANGALORE-560 045 3. SRI SIRAJ AHMED S/O B.NAWAD JAN AGED MAJOR R/AT NO.90, CRESCENT STREET SAINT JOHN’S CHURCH ROAD FRAZER TOWN BANGALORE-560 005 …RESPONDENTS (BY SRI. MOHAMED IBRAHIM M., ADVOCATE FOR R1 SRI.NAVEED AHMED, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE SALE CERTIFICATE DATED 19/05/2025 ISSUED BY THE RESPONDENT NO.1 TO THE AUCTION PURCHASER IN RESPECT OF THE SCHEDULE -B PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:43556 WP No. 19940 of 2025 ORAL ORDER When this matter came up before this Court for hearing, learned counsel for the respondent submits that the petitioners have already filed SA.Nos.277/2025, 278/2025 and 1635/2025 before the Debt Recovery Tribunal. As such, the present writ petition is not maintainable. 2. Learned counsel appearing for the petitioners submits that they may be permitted to withdraw the writ petition and there may be a direction to the Debt Recovery Tribunal to consider the pending applications in a time bound manner. It is submitted that the petitioner is in possession of the property if the SAs are not disposed of, it would cause lot of hardship to the petitioner. 3. Learned counsel appearing for the respondent as well as the auction purchaser submits that the petitioner is not in possession of the property. 4. According to the Bank, they have delivered the possession to the auction purchaser. According to the petitioner, he is in possession of the property. In these - 4 - HC-KAR NC: 2025:KHC:43556 WP No. 19940 of 2025 circumstances, it would be in the interest of the parties if the pending SAs are disposed of expeditiously. In that view of the matter, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed as withdrawn. ii. However, the Debt Recovery Tribunal is directed to dispose of pending SAs within a period of two months from the date of receipt of copy of the order. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 2