- 1 - HC-KAR NC: 2025:KHC:47689 WP No. 19232 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.19232 OF 2022 (GM-RES) BETWEEN: 1. K.BASAPPA S/O K.SIDDAPPA AGED ABOUT 84 YEARS 2. K.B.VENKATESH S/O K.BASAPPA AGED ABOUT 57 YEARS 3. K.B.SIDDESH S/O K.BASAPPA AGED ABOUT 55 YEARS 4. K.B.HALESH S/O K.BASAPPA AGED ABOUT 47 YEARS 5. K.B.HARISH S/O K.BASAPPA AGED ABOUT 47 YEARS PETITIONER NOS.1 TO 5 ARE R/O DOOR NO.226, 12TH CROSS DEVARAJ URS BADAVANE A BLOCK DAVANAGERE-577006 …PETITIONERS (BY SRI.RAKESH B BHATT, ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47689 WP No. 19232 of 2022 AND: 1. KANAKA PATTANA SAHAKARA BANK NIYAMITHA NO.657/1A, 1ST FLOOR MANDIPETE, DAVANAGERE - 577001 A) REPRESENTED BY ITS MANAGER B) AUTHORIZED OFFICER C) SALE OFFICER 2. B.K.ROOPA @ B.K.KARIBASAMMA W/O K B SURESH AGED ABOUT 45 YEARS 3. K.B.SURESH S/O K.BASAPPA AGED ABOUT 59 YEARS ADVOCATE 4. K.S.KOUSHIK S/O K.B.SURESH AGED ABOUT 25 YEARS STUDENT RESPONDENT NOS.2 TO 4 ARE R/O #2520/14, SAPTHAGIRI NILAYA S.S.BADAVANE B BLOCK DAVANAGERE - 577004 …RESPONDENTS (BY SRI.HAREESH BHANDARY T, ADVOCATE FOR R.1; SRI.R.M.PRAKASH, ADVOCATE FOR R.2 TO R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-AC AND AD AND DIRECT R1 TO NOT PUT UP THE SCHEDULE PROPERTY INTO PUBLIC AUCTION ON 23.09.2022 AND RE-POSSESSION OF DISPUTE SCHEDULE PROPERTY TO THE - 3 - HC-KAR NC: 2025:KHC:47689 WP No. 19232 of 2022 TENANTS FROM WHOM POSSESSION IS RECEIVED ON 29.07.2022 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this petition, the petitioners are assailing the letter dated 13.09.2022 (Annexure-AC) issued by respondent No.1. 3. A perusal of the writ petition would indicate that the petitioners are claiming right in respect of the subject land based on the ground that the property in question is the joint family property of the parties. On careful consideration of the fact would reveal that, the suit filed by the petitioner seeking partition and separate possession in respect of the land in question in O.S.No.43/2007 came to be dismissed and same has reached finality on 02.09.2024. - 4 - HC-KAR NC: 2025:KHC:47689 WP No. 19232 of 2022 4. In that view of the matter, I am of the view that on careful consideration of the impugned letter dated 13.09.2022 at Annexure-AC would indicate that the portion of the property in question has already been taken in possession by respondent No.1 - Bank. In that view of the matter, it is open for the petitioners to approach the competent Tribunal for redressal of their grievance. Accordingly, the writ petition is dismissed. Pending applications, if any, stand disposed off. Registry is directed to return the amount deposited before this Court by the petitioners, into the Bank Account of one of the petitioner's and details of the same is to be furnished by the learned counsel appearing for the petitioners herein. Sd/- (E.S.INDIRESH) JUDGE NBM List No.: 1 Sl No.: 22