IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21^ST DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 107149 OF 2025 (GM-RES)

BETWEEN:

SHRI. SIDDRAMESHWAR HIREMATH S/O. PAVADAYYA, AGE. 55 YEARS, OCC. GOVERNMENT EMPLOYEE, R/O. 1B, K.H.B. COLONY, BEHIND R.N.SHETTY STADIUM, K.C.PARK, DHARWAD- 580008, TQ. AND DIST. DHARWAD.

…PETITIONER (BY SRI. SUHAS K.HOSAMANI, ADVOCATE)

AND:

1. THE GENERAL MANAGER AND HOD INDIAN OVERSEAS BANK, CENTRAL OFFICE, 762/763, IOB, ANNA SALAI, CHENNAI, TAMIL NADU- 60002.

2. THE CHIEF MANAGER INDIAN OVERSEAS BANK, CENTRAL OFFICE, 762/763, IOB, ANNA SALAI, CHENNAI, TAMIL NADU- 600002.

MANJANNA

3. THE BANK MANAGER E INDIAN OVERSEAS BANK CIRCLE BRANCH, BANGALORE, Digitally signed by MANJANNA E LAKSHMINARAYANA COMPLEX, Location: HIGH COURT O DH F A K R A W RN AD AT B A E K N A CH 3^RD FLOOR, 10/1 PALACE ROAD, Date: 2026.02.27

17:05:40 +0530 VASANTH NAGAR, BANGALORE- 560052.

4. THE BANK MANAGER INDIAN OVERSEAS BANK, K.H.R.S BUILDING, ALUR VENKAT RAO CIRCLE, COLLEGE ROAD, JUBILEE CIRCLE, DHARWAD- 580001.

5. THE AUTHORIZED OFFICER INDIAN OVERSEAS BANK HUBLI BRANCH, GROUND FLOOR, SATELLITE COMPLEX, KOPPIKAR ROAD, HUBLI- 580020.

6. SHRI. AMBARAYA S/O. BASANNA MANJRE AGE. MAJOR, OCC. NOT KNOWN TO PETITIONER, R/O. 1/A, S.R.H.S. QUARTERS, DDPI COMPOUND NEAR RN SHETTY STADIUM, DHARWAD- 580001.

7. M/S GREEN AGRI SOLUTIONS REPRESENTED BY ITS PROPRIETOR, SHRI. ANILKUMAR S/O. AMBARAYA MANJRE, AGE. MAJOR, OCC. BUSINESS, R/O. 1/A, S.R.H.S QUARTERS, DDPI COMPOUND, NEAR RN SHETTY STADIUM, DHARWAD- 580001.

8. THE RESERVE BANK OF INDIA CENTRAL POLICE, THROUGH ITS GOVERNOR, SHAHID BHAGAT SINGH MARG, MUMBAI-40001. 9. THE REGIONAL DIRECTOR FOR KARNATAKA RESERVE BANK OF INDIA, 10/3/8, NRUPATHUNGA ROAD, POST BAG NO.5467, BANGALORE-560001.

…RESPONDENTS (BY SRI. ANAND K.BHANDIWAD, ADVOCATE FOR R4 AND R5;

NOTICE TO R1 TO R3 ARE SERVED;

NOTICE TO R6 AND R7 ARE DISPENSED WITH VIDE ORDER DATED 25.09.2025;

SRI. VENKATESH KHARVI ACCEPTS NOTICE FOR PROPOSED R8 AND R9 VIDE ORDER DATED 12.02.2026)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.4 AND 5 TO DELIVER THE PHYSICAL POSSESSION OF RESIDENTIAL PROPERTY (G+1) BEARING NO.1A GROUND FLOOR OF THE BLOCK NO.1 IN THE LAYOUT FORMED BY THE KARNATAKA HOUSING BOARD OF CTS NO.28A/1C/D MEASURING 560 SQ.FEET SITUATED AT DDPI COMPOUND, NEAR R.N. SHETTY STADIUM, DHARWAD BY GIVING EFFECT TO SALE CERTIFICATE DATED 20.03.2025 ISSUED BY THE RESPONDENT NO.5 VIDE ANNEXURE B, REF.NO.IOB/BR/HUBLI/004/2024-25 BY CONSIDERING THE REPRESENTATION DATED 29.07.2025 SUBMITTED TO RESPONDENT NO.4 BY PETITIONER TO VIDE ANNEXURE-C AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

“Injustice anywhere is a threat to justice everywhere”

has been vividly stated by the Apex Court in the case of Kishor Singh Ravinder Dev Vs. State of Rajasthan (Kishor Singh), and further observed that, “where justice is in jeopardy, the Court is not non-aligned and acts with sensitive speed. Time is the essence where otherwise torture is the consequence”. The facts of the case justify, attract the said observations to the instant case as well, where time are the essence, lest injustice is a baneful result of the petitioner.

2. The petitioner has approached this Court seeking a writ of mandamus directing respondent Nos.4 and 5 that the secured creditor bank and its authorized officer to deliver physical possession of the schedule property

1 AIR 1981 625

purchased by the petitioner in an E-auction conducted under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (“SARFAESI Act” for short) pursuant to the issuance of sale certificate dated 20.03.2025.

Brief Facts:

3. The schedule property was mortgaged by respondent No.7 in