- 1 - HC-KAR CNR: KAHC010096622024 NC: 2026:KHC:54773 WP No. 5509 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 5509 OF 2024 (GM-RES) BETWEEN: 1. M/S. DURVESH ASSOCIATES (PROPRIETARY CONCERN) NEAR CHETAN GARAGE KHATA NO. 9/25 AUTO COMPLEX ROAD KIADB AUTO COMPLEX SHIVAMOGGA-577 204 REPTD. BY ITS PROPRIETOR MR. MOHAMMED RAFEEQ 2. MR. MOHAMMED RAFEEQ S/O ABDUL HAMEED SAB AGED ABOUT 42 YEARS R/O LEFT SIDE TIPPU NAGAR 1ST CROSS, 100 FEET MANJUNATH EXTENSION NEW MANDILI, SHIVAMOGGA SHIVAMOGGA DISTRICT-577 202 PROPRIETOR M/S. DURVESH ASSOCIATES 3. MRS. HALEEMUNNISA W/O S R ABDUL KHALAQ AGED ABOUT 72 YEARS MIG 171/C, GANGA NILAYA 2ND STAGE, KALLAHALLI SHIVAMOGGA SHIVAMOGGA DISTRICT-577 201 Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010096622024 NC: 2026:KHC:54773 WP No. 5509 of 2024 4. MR S K JAVEED AHMED S/O S R ABDUL KHALAQ AGED ABOUT 49 YEARS R/O "ALMAS MANZIL" 3RD CROSS, 1ST STAGE RML NAGAR, DODDAPET, SHIVAMOGGA SHIVAMOGGA DISTRICT-577 204 5. MR S K NISAR AHEMD S/O S R ABDUL KHALAQ AGED ABOUT 52 YEARS R/AT NO. 163/1, CHALUKYANAGAR GOPALA EXTENSION, SHIVAMOGGA SHIVAMOGGA DISTRICT-577 205 …PETITIONERS (BY SRI: RAJENDRA S, ADVOCATE) AND: THE IDBI BANK LTD VEERABHADRESHWARA COMPLEX NEAR MANTAPA CLINIC KUVEMPU ROAD, SHIVAMOGGA SHIVAMOGGA DISTRICT-577 201 BY ITS THE AUTHORIZED OFFICER …RESPONDENT (BY SRI: T P MUTHANNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES DATED 05.12.2023 VIDE ANNEXURE-G AND G1 TO THE WRIT PETITION ISSUED BY THE RESPONDENT BANK AND PURSUANT TO THE NOTICES ISSUED BY THE RESPONDENT DATED 05.12.2023 VIDE, ANNEXURE-G AND G1 TO THE WRIT PETITION. - 3 - HC-KAR CNR: KAHC010096622024 NC: 2026:KHC:54773 WP No. 5509 of 2024 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL ORDER This petition is filed challenging the possession notices dated 05.12.2023 at Annexures-G and G1 issued by the respondent - Bank. 2. At the time of entertaining the petition, this Court passed the interim order dated 21.02.2024 staying the impugned notices and all further proceedings subject to the petitioners depositing 20% of the outstanding loan amount within six weeks. By a subsequent order dated 15.04.2024, the earlier interim order was modified and the petitioners were directed to deposit 30% of the outstanding amount within 12 weeks and another 30% in instalments of a span of 4 weeks each. 3. Today, when the matter was taken up for consideration, learned counsel for the respondent - Bank submits that the petitioners have not complied with the interim - 4 - HC-KAR CNR: KAHC010096622024 NC: 2026:KHC:54773 WP No. 5509 of 2024 orders, on account of which, the respondent - Bank issued sale notice on 19.02.2026, which was again challenged by filing SA No.158 of 2026 before the DRT, which came to be dismissed by order dated 14.07.2026. Thereafter, the property was brought to sale through a sale Notification. Since there were no bidders, the sale did not take place. 4. In the light of the aforesaid subsequent developments, the prayer sought in the present petition does not survive for consideration and no further orders are required. Moreover, the interim order passed in this petition has not been complied. Accordingly, the writ petition is dismissed. Sd/- (T.P.VIVEKANANDA) JUDGE BGN List No.: 1 Sl No.: 37