The facts are as under:

2. CA.No.1811 of 2005 was filed by a third party seeking for a direction directing the Official Liquidator to remove the Security Guards and handover possession of the subject property. In the affidavit filed in support of the above application, it is stated by the third party that, M/s. Dev Sugars Limited(in Liquidation) was ordered to be wound up in C.P.No.170 of 1995 and C.P.No.35 of 1997 by an order dated 16-09-1999. The first respondent Official Liquidator was appointed as the Liquidator of the said company. The Official Liquidator took possession of the assets of the company situated at Harige Village, Shimogo District, Karnatka on 28-04-1999 in the presence of the Deputy Commissioner, Shimoga and Chief Manager of State Bank of Mysore, a secured Creditor of the Company.

3. State Bank of Mysore extended financial assistance to the Company and secured their outstanding dues. The Bank filed O.A.No.440 of 1997 before the Debt Recovery Tribunal, Bangalore for recovery of a sum of Rs.22,31,78,5555. The said O.A was decreed by the Debt Recovery Tribunal(DRT) and the Recovery Officer in consultation with the Bank issued an official notice for sale of the properties in various news papers on 24-07-2005, fixing the date of auction as 11-08-2005. The first respondent/official liquidator herein was a party before the Debt Recovery Tribubnal, Bangalore. In fact, the Official Liquidator raised his objections before the Debts Recovery Tribunal, Bangalore and only thereafter, the auction was directed to be held by the Debt Recovery Tribunal (DRT). The applicant herein participated in the auction and his offer of Rs.10.25 Crores being the highest was accepted by the Recovery Officer. The applicant deposited 25% of Rs.10.25 Crores on the same day and the balance amounts also was deposited in time as directed by the Tribunal.

4. No one challenged the auction and thereofre, it became final resulting in the sale being confirmed by the Recovery Officer on 12-09-2005. A confirmation of sale letter was also issued to the applicant. It is further stated by the applicant that the State Bank of Mysore obtained prior permission before this Court for selling the properties of the Company. After the issue of the sale confirmation letter, the applicant approached the Official Liquidator to hand over possession of the property of the Company in liquidation. But, no auction has been taken by the Official Liquidator in this regard causing irreparable loss to the applicant. It is also Pointed out by the applicant that the DRT, by letter dated 210. 2005 written to the Official Liquidator, directed the Official Liquidator to withdraw the security personnel appointed by him to enable the DRT to hand over possession of the property. The Recovery Officer also wrote a letter dated 23.09.2005 to the Chief Secretary, Government of Karnataka to provide securities for the properties of the company in liquidation. A Receiver was also appointed by the Recovery Officer to hand over possession. Hence the applicant herein, who is the Auction purchaser of the property, filed C.A.No.1811 of 2005 for the above said relief.

5. When C.A.No.1811 of 2005 was pending before this Court, C.A.No.250 of 2006 was filed by M/s. Thungabadra Sugar Works Mazdoor Sangha, represented by its president to implead them as a party in that application. In the affidavit filed in support of the above application, it is stated by the President of the Sangha that the State Bank of Mysore approached this Court for permission and this Court in C.A.No.1251 of 1999 permitted the Bank on 10.03.2000 in O.A.No.440 of 1997 and O.A.No.1300 of 1997 by imposing a condition that the leave granted is subject to the condition that the Official Liquidator is impleaded and no coercive steps are taken against the assets of the company during or after the conclusion of the proceedings before the Tribunal. The members of the Sangh were appointed as Security men by the Official Liqui