Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 18622 (KAR)

VIMALA v. THE STATE OF KARNATAKA

WP/5715/2025 · 2025-04-21

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16424 WP No. 5715 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5715 OF 2025 (CS-RES) BETWEEN: 1. VIMALA W/O LATE GOPALA, AGED ABOUT 55 YEARS, 2. NIKHIL, S/O.LATE GOPALA, AGED ABOUT 34 YEARS, BOTH ARE AT. D.NO.10-194, CENTS COLONY, NEAR MARIGUDI, PRANTHYA VILLAGE, POST KODANGALLU, MOODABIDRI, D.K. - 576105. 574227 …PETITIONERS (BY SMT. KAVITHA N., ADVOCATE-ABSENT) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION SOCIETY, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS SECRETARY. 2. THE RECOVERY OFFICER, THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETIES, KUNDAPURA SUB DIVISION, KUNDAPURA -576201. 3. SOUTH CANARA DISTRICT CREDIT CO-OPERATIVE BANK (L), (REGISTERED UNDER CO-OPERATIVE SOCIETY ACT) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16424 WP No. 5715 of 2025 REP BY ITS CEO, MOODABIDRI, MOODABIDRI MAIN ROAD, D.K. - 576213. …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1; SRI. RAKSHITH KUMAR., ADVOCATE FOR R3; R2-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FORM NO. 8 AND 9 AUCTION NOTICES DTD 07.01.2025 ISSUED BY THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETIES, COURT OF THE D.K DISTRICT CENTRAL CO-OPERATIVE BANK, MANGALORE IN DISPUTE NO. 773/2021-22, C.E.P NO. 127/2023-24 AT ANNX-A AND B AT ANNX-A AND B AND ALL OTHER FURTHER PROCEEDINGS PURSUANT THERETO AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioners are before this Court seeking for the following reliefs: a. To quash the Form No.8 and 9 auction notices dated 07.01.2025 issued by the Recovery Officer of Co-operative Societies, Court of the D.K. District Central Co-operative Bank, Mangalore in Dispute No. 773/2021-22 C.E.P.No.127/2023-24 at Annexure-A and B, at Annexure A and B and all other further proceedings pursuant thereto. b. To grant such other relief as the Hon’ble Court deems fit to grant in the facts and circumstances of the case. - 3 - NC: 2025:KHC:16424 WP No. 5715 of 2025 2. None appears for the petitioners. 3. The learned counsel for Respondents No.2 and 3 submits that the interim order dated 28.2.2025 has not been complied with. In that view of the matter, the interim order stood automatically vacated in the time granted vide the aforesaid order. 4. The compliance not having been made, the interim order having been automatically vacated, nothing survives for consideration in the present petition. The Writ Petition is dismissed for non- prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 10