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2025 Supreme(Online)(Kar) 394819

THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
MRS ASMA YUSUF SIWANI ALIAS ASMA HILAL – Appellant
Versus
STATE BANK OF INDIA – Respondent
WP 31932/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO. 31932 OF 2025 (GM-RES)

BETWEEN:

1. MRS ASMA YUSUF SIWANI @ ASMA HILAL

AGED ABOUT 66 YEARS,

DAUGHTER OF LATE YUSUF KASAM SIWANI, RESIDING AT NO. 2504, THALAI 1ST STREET,

6TH MAIN ROAD, GOMATHIPURAM, MELAMADAI,

GANDHINAGAR, MADURAI NORTH,

TAMIL NADU - 625 020.

2. MR. HANIF JUSAB SIWANI @ H. J. SIWANI

AGED ABOUT 65 YEARS,

SON OF LATE YUSUF KASAM SIWANI,

RESIDING AT NO. 15/3, BINNY CRESCENT,

BENSON TOWN, BENGLAURU - 560 046

Digitally signed by

3. MR. MEHBOOB YUSUF SIWANI @ M. J. SIWANI

ARUNKUMAR M S

Location: HIGH AGED ABOUT 62 YEARS,

COURT OF

SON OF LATE YUSUF KASAM SIWANI,

KARNATAKA

RESIDING AT NO. 15/3, BINNY CRESCENT,

BENSON TOWN, BENGLAURU - 560 046 4. MRS. NASIMA FAROOK SUNDKA @

NASIMA YUSUF SIWANI AGED ABOUT 60 YEARS,

DAUGHTER OF LATE YUSUF KASAM SIWANI,

RESIDING AT NO. 315, 8TH CROSS, LAKSHMI ROAD,

DIVYA SHREE CHAMBERS,

SHANTHINAGAR, BENGALURU - 560 027 …PETITIONERS (BY SRI. SYED KHAMRUDDIN, ADVOCATE)

AND:

1. STATE BANK OF INDIA REPRESENTED BY ITS BRANCH MANAGER, SPB BRANCH, OFFICE AT ST. MARKS ROAD, BANGALORE - 560 001 …RESPONDENT (BY SRI. SADHANA S. DESAI, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I.ISSUE A WRIT IN THE NATURE MANDAMUS OR ANY OTHER WRIT OR ORDER TO CONSIDER THE REPRESENTATION DATED 24.09.2025 MADE BY THE 1 PETITIONER TO THE RESPONDENT BANK PRIOR TO TAKING ANY COERSIVE ACTION RESPECT OF THE SUBJECT SAFE DEPOSIT LOCKER BEARING NO. C-22/925. ANNEXURE - A AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard learned counsel appearing for the parties.

2. In this writ petition, the petitioners are seeking writ of mandamus to the respondent to consider representation dated 24.09.2025, addressed to the respondent-State Bank of India (Annexure-A) and to permit petitioner No.1 to operate the locker and remove the articles from the subject safe deposit locker bearing No.C-22 /925.

3. Having taken note of the submission made by the learned counsel appearing for the parties, as the petitioners herein are under process of securing the Succession Certificate before the competent Court as required under law to establish their right with the deceased in whose name the locker is standing as per the records of the respondent-Bank, it is open for the petitioners to approach the respondent-Bank with adequate material to establish their right over the deceased's assets.

4. It is also made clear that since the learned counsel appearing for the petitioners submitted that, the petitioners are in the process of securing the Succession Certificate as required under law before a competent Court, till such time, no precipitative action shall be taken by the Bank to open the aforementioned locker belonging to the deceased sister of the petitioner No. 1.

With this observation, writ petition is disposed of Sd/-

(E.S.INDIRESH)

JUDGE PSJ List No.: 1 Sl No.: 49

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