- 1 - NC: 2025:KHC:3602 WP No. 5989 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 5989 OF 2020 (GM-CFA) BETWEEN: SRI M.C.ASHOK S/O M.S.CHANNEGOWDA, AGED ABOUT 49 YEARS, PROPRIETOR OF SRI LAKSHMI VENKATESHWARA COFFEE TRADING COMPANY CHIKKAMAGALURU, JVS BUILDING, A.I.T.CIRCLE, JYOTHINAGAR, CHIKKAMAGALURU - 577 102. R/AT MANJUNATHA NILAYA, CHANNAPURA ROAD, KOTE, CHIKKAMAGALURU - 577 102. …PETITIONER (BY SMT. MEENAKSHI BAI., ADVOCATE FOR SRI. H.N.VENKATESH., ADVOCATE) AND: 1. M/S MARGADARSHI CHITS (KAR) PRIVATE LTD., NO. 1874, 1ST FLOOR, CITY POINT COMPLEX, B.M.ROAD, HASSAN - 573 201. 2. M.C.SANTHOSH S/O CHINNEGOWDA, AGED ABOUT 43 YEARS, R/AT MARASANIGE VILLAGE AND POST, MUDIGERE TALUK CHIKKAMAGALURU - 577 102. 3. SRI AFSAR PASHA S/O IBRAHIM KHALEEL, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3602 WP No. 5989 of 2020 AGED ABOUT 58 YEARS, PROPRIETOR OF M/S ARFA ASSOCIATES, AND BABA BUDEN COFFEE MILLS, KARTHIKERE VILLAGE AND POST, BELUR ROAD, CHIKKAMAGALURU - 577 101. R/AT NEAR SARA SHADIMAHAL 3RD CROSS, 60 FEET ROAD, CHIKKAMAGALURU - 577 101. 4. A.J.ZAHOOR AHMED S/O LATE A MAHAMMED JAFFAR, AGED ABOUT 67 YEARS, COFFEE PLANTER, AREHALLY VILLAGE AND POST, BELUR TALUK, HASSAN - 573 101. R/AT AREHALLY VILLAGE AND POST BELUR TALUK, HASSAN - 573 101. 5. G.A.JAYARAM S/O A.G.ANANTHANARAYAN, AGED ABOUT 49 YEARS, DIRECTOR OF M/S MAGNUM LOGISTICS, NO.9, 10TH MAIN, 3RD FLOOR, JEEVAN BHIMA NAGAR, BENGALURU - 560 031. R/AT NO. 203, BALAJI KRUPA, 6TH CROSS, KAGGADASAPURA, C.V.RAMAN NAGAR, BENGALURU - 560 031. 6. K.MOHAMMED RAFEEQ S/O KHADER, AGED ABOUT 39 YEARS, PROPRIETOR OF M/S K.K.TRADERS, KALASA MAIN, MUDIGERE TALUK, CHIKKAMAGALURU - 577 101. - 3 - NC: 2025:KHC:3602 WP No. 5989 of 2020 R/AT RAHAMAN COMPOUND, NEAR POLICE QUARTERS, KALASA, MUDIGERE TALUK, CHIKKAMAGALURU - 577 101. 7. SMT. ARATHI ASHOK W/O ASHOK M C., AGED ABOUT 49 YEARS, MANJUNATHA NILAYA, CHANNAPURA ROAD, KOTE, CHIKKAMAGALURU - 577 102. 8. SRI JAMILA SHAMRIN W/O MAHAMMED RAFEEQ, AGED ABOUT 34 YEARS, PARTNER OF M/S RAMSACK COFFEE CURING, KALASA MAIN ROAD, KALASA, MUDIGERE TALUK, CHIKKAMAGALURU - 577 101. R/AT RAHAMAN COMPOUND, NEAR POLICE QUARTERS, KALASA, MUDIGERE TALUK, CHIKKAMAGALURU - 577 101. …RESPONDENTS (BY SRI. P.P.JAYAKUMAR., ADVOCATE R1; R2 TO 8-DELETED V/O DATED:16.03.2020) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: - 4 - NC: 2025:KHC:3602 WP No. 5989 of 2020 ORAL ORDER Smt.Meenakshi., counsel on behalf of Sri.Venkatesh.H.N., for the petitioner and Sri.P.P.Jayakumar., counsel for respondent No.1 have appeared in person. 2. The order dated:05.10.2019 vide Annexure-A and the sale notice dated:07.02.2020 vide Annexure-B are called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. M/s.Margadarshi Chits (KAR) Private Ltd., - the first respondent had initiated proceedings against the petitioner in dispute No.DRH/YCF/06/2016-17 and the award was passed on 28.06.2016. As against the said order, the petitioner preferred an appeal before the Joint Registrar of Co-operative Societies and the same came to be rejected. Hence, it has attained finality. The first respondent filed an execution petition to execute the award dated 28.06.2016 passed in Dispute No.DRH/YCF/06/2016-17 in Ex.No.67/2017 on the file of I Addl. - 5 - NC: 2025:KHC:3602 WP No. 5989 of 2020 Senior Civil Judge and CJM, Chikkamagaluru. The petitioner entered appearance and contested the matter. The Executing Court vide order dated 25.10.2019 allowed the application that was filed by the Decree Holder under Order 21 Rule 64 and 65 of CPC and issued Sale Notice. The Execution Petition was heard at intervals. On 07.02.2020, the Court re-issued sale notice. As already noted above, the award dated 28.06.2016 in Dispute No.DRH/YCF/06/2016-17 has attained finality. The Executing Court extenso referred to the material on record and rightly passed the orders. I find no grounds to interfere with the orders passed by the Executing Court. The Writ Petition is devoid of merits and is liable to be dismissed. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP/TKN List No.: 3 Sl No.: 30