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2025 DAILYLAW 10407 (KAR)

VIJAYALAXMI v. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES AND ORS

WP/201577/2022 · 2025-07-02

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:3552 WP No. 201577 of 2022 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201577 OF 2022 (CS-DAS) BETWEEN: VIJAYALAXMI W/O DURGAPPA KAMBLE, AGE: 42 YEARS, OCC: TEACHER, R/O MANGULI AGASI, KAMAN KHAN BAZAR, VIJAYAPURA-586101. …PETITIONER (BY SRI. B.K.HIREMATH, ADVOCATE) AND: 1. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, VIJAYAPURA SUB-DIVISION, VIJAYAPURA-586101. 2. THE CHAIRMAN, THE ADIL AMANAT CO-OPERATIVE CREDIT SOCIETY LTD., VIJAYAPURA-586101. 3. THE SECRETARY, THE ADIL AMANAT CO-OPERATIVE CREDIT SOCIETY LTD., VIJAYAPURA-586101. …RESPONDENTS (BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1; SRI.S.S.MAMADAPUR, ADVOCATE FOR R2 & R3) Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3552 WP No. 201577 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE AUCTION PUBLICATION ISSUED BY RESPONDENT NO.2 AND 3 VIDE ANNEXURE-D IN RESPECT OF SL.NO.8. B) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NOS.2 AND 3 TO ALLOW THE PETITIONER TO PAY THE INSTALLMENTS OF THE HOUSE LOAN WHICH SHE HAD AVAILED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner has challenged the action initiated against her by respondent No.2-Co-operative Society’s Bank wherein the dues towards loss from the petitioner is sought to be recovered by auctioning certain immovable properties mortgaged. The petitioner is having an alternative and efficacious remedy under the Karnataka Co-operative Societies Act, 1959. 2. For the said reason, writ petition is hereby dismissed reserving liberty to the petitioner to approach the appropriate forum in the manner known to law. - 3 - HC-KAR NC: 2025:KHC-K:3552 WP No. 201577 of 2022 3. In case petitioner were to challenge the impugned order before the appropriate authority, the time spent by the petitioner pursuing the instant writ petition shall be condoned in case an application for condonation of delay is made. 4. In view of dismissal of the writ petition, I.A.No.1/2025 does not survive for consideration and the same is accordingly dismissed. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 13 CT:SI