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2026 DAILYLAW 14265 (KAR)

SMT.DIVYA G K v. UNION BANK OF INDIA

WP/39460/2025 · 2026-02-12

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8884 WP No. 39460 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 39460 OF 2025 (GM-DRT) BETWEEN: 1. SMT. DIVYA G K W/O. BHASKAR, AGED ABOUT 31 YEARS, R/AT NO.21, SAI VILLA, 2ND CROSS, CHINNAPPA LAYOUT, NEAR SBI COFFEE BOARD LAYOUT, MAIN ROAD HEBBAL, KEMPAPURA, BENGALURU 2. SMT. JAYAMMA D/O NARAYAN, AGED ABOUT 40 YEARS, R/AT NO.21, SAI VILLA, 2ND CROSS, CHINNAPPA LAYOUT, NEAR SBI COFFEE BOARD LAYOUT, MAIN ROAD HEBBAL, KEMPAPURA, BENGALURU 3. SMT. SHANTAMMA, W/O NARAYAN, AGED ABOUT 70 YEARS, R/AT NO.21, SAI VILLA, 2ND CROSS, CHINNAPPA LAYOUT, NEAR SBI COFFEE BOARD LAYOUT, MAIN ROAD HEBBAL, KEMPAPURA, BENGALURU Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8884 WP No. 39460 of 2025 4. NARAYAN S/O HARIYAPPA, AGED ABOUT 70 YEARS, R/AT NO.21, SAI VILLA, 2ND CROSS, CHINNAPPA LAYOUT, NEAR SBI COFFEE BOARD LAYOUT, MAIN ROAD HEBBAL, KEMPAPURA, BENGALURU. …PETITIONERS (BY SRI. N RAVINDRANATH KAMATH, SR. COUNSLE FOR SRI. ARUN C., ADVOCATE) AND: 1. UNION BANK OF INDIA REPRESENTED BY ITS AUTHORIZED OFFICER, ASSET RECOVERY BRANCH, ARB, BENGALURU 2/3, RAJA BUILDING, N.R. ROAD, BENGALURU-560002 2. SMT. VEENA PANI. R, W/O SEENA NAYAK, MAJOR, R/AT NO.51, 2ND FLOOR, 1ST MAIN, 1ST CROSS, BEHIND NITESH PARK, VINAYAKANAGAR, YELAHANKA, BENGALURU-560063 3. SRI. SEENA NAYAK. H, W/O SEENA NAYAK, MAJOR, R/AT NO.51, 2ND FLOOR, 1ST MAIN, 1 ST CROSS, BEHIND NITESH PARK, VINAYAKANAGAR, YELAHANKA, BENGALURU-560063 - 3 - HC-KAR NC: 2026:KHC:8884 WP No. 39460 of 2025 4. SRI.Y. BHASKAR, S/O NARAYANA, AGED ABOUT 45 YEARS, RESIDING AT NO.21, 2ND CROSS, CHINNAPPA LAYOUT, NEAR SBI COFFEE BOARD LAYOUT, HEBBAL, KEMPAPURA, BENGALURU - 560024 …RESPONDENTS [BY SMT. DIVYA PURANDAR., ADVOCATE FOR R1 SMT. MANJULA DEVI M.G., ADVOCATE FOR C/R4 IN CP No.21012/2025 SRI. VENKATESH P DALWAI, ADVOCATE FOR R2 & R3 (NOC)] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE APPLICATION FILED BY RESPONDENT NO.1 UNDER SECTION 14(1) OF THE SARFAESI ACT FILED BEFORE THE CMM COURT LATER TRANSFERRED TO 41ST ACJM COURT AS PER ANNEXURE-A DATED 20/08/2025. B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 BANK FOLLOW THE DUE PROCESS OF LAW AS PER THE RATIO LAID DOWN BY THE APEX COURT REPORTED IN DELHI DEVELOPMENT AUTHORITY V/S CORPORATION BANK DATED 25/9/2025 PASSED IN CIVIL APPEAL NO. 11269/2016. C) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 BANK TO RETURN BACK THE AUCTION PURCHASER MONEY AS PER AUCTION CERTIFICATED DATED 10/1/2025. D) ISSUE A WRIT OF CERTIORARI QUASH THE SALE CERTIFICATE DATED 10/1/2025 ISSUED IN NO. UBI/ARB/533/2024-2025 UNDER RULE 9 (C) OF THE SARFACIE ACT AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 4 - HC-KAR NC: 2026:KHC:8884 WP No. 39460 of 2025 ORAL ORDER 1. After hearing the matter for some time, the learned counsel for the petitioners seeks leave of the Court to withdraw the writ petition, with a liberty to approach the appropriate authority. 2. Submission is placed on record. 3. The writ petition is dismissed as withdrawn with the aforesaid liberty. 4. Meanwhile, the respondents are directed not to precipitate any action for one month from today. 5. Pending applications, if any, stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 2 Sl No.: 8