- 1 - HC-KAR NC: 2025:KHC:19115 WP No. 16178 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16178 OF 2025 (CS-RES) BETWEEN: SMT C PADMAVATHI W/O LATE S RAMASWAMY AGED ABOUT 64 YEARS, R/AT NO. 738 (OLD NO.4) JAYARAMA NILAYA, MAHESHWARAMMA TEMPLE 5TH CROSS, KONAKAKUNTE, BANGALORE - 560062 …PETITIONER (BY SRI. MOHAN DAS RAO T.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION M.S.BUILDING BANGALORE - 560001. 2. M/S SAPTHARSHI CREDIT CO-OP SOCIETY LTD., NO. 6/1, MALLIKARJUNA TEMPLE ROAD, DR. DVG CROSS ROAD, BASAVANGUDI BANGALORE - 560004 REGISTERED UNDER KARNATAKA STATE CO-OPERATIVE SOCIETY ACT 3. SRI VENKATESH KUMAR J S/O LATE K S JAGANNATH, AGED ABOUT 39 YEARS R/AT NO. 95, 7TH MAIN, RAMANJANEYA NAGARA HANUMAN HILLS LAYOUT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19115 WP No. 16178 of 2025 VASANTHAPURA BANGALORE – 560061 4. THE RECOVERY OFFICER REGISTRAR OF CO-OP SOCIETIES, II RANGE, BANGALORE DISTRICT MARGOSA ROAD, BANGALORE - 560004 …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1 & R4; NOTICE TO R2 & R3 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR AN APPROPRIATE ORDER QUASHING THE PROPOSED AUCTION SALE DTD 09.06.2025 (ANNX-H) AND ETC. THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents No.1 and 4. Notice to respondents No.2 to 4 is dispensed with. 2. The petitioner is before this Court seeking for the following reliefs: 1. Issue a writ of certiorari or an appropriate order quashing the proposed auction sale dated 09.06.2025 (Annexure-H) 2. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:19115 WP No. 16178 of 2025 3. The contention of the petitioner is that the petitioner though has executed a registered sale deed in favour of respondent No.3, respondent No.3 has not made payment of the due amounts of the said sale. The cheques which had been issued have been dishonoured, as such, the petitioner filed a suit in O.S. No.2104/2020 seeking for a declaration that the sale deed which has been executed is without consideration, therefore it is null and void. It is on that basis learned counsel for the petitioner submits that now the auction process to be held by respondent No.4 on the basis of the award passed in favour of respondent No.2-Bank cannot be proceeded with. 4. Having perused the documents on record, it is clearly seen that the petitioner has already executed a registered sale deed in favour of respondent No.3. Once such a sale deed has been executed and - 4 - HC-KAR NC: 2025:KHC:19115 WP No. 16178 of 2025 respondent No.3 has acted on the said registered sale deed mortgaging the property to respondent No.2, question of considering the claim of the petitioner that the petitioner has not received sale consideration does not arise. Respondent No.2 having acted on the sale deed and having advanced monies, monies not having been paid by respondent No.3, respondent No.2 is entitled to proceed against the property. The dispute between the petitioner and respondent No.3 as regards payment or otherwise of the sale consideration is between respondent No.3 and the petitioner to be resolved in the aforesaid suit. 5. In that view of the matter, the above petition not making out any grounds stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 3 Sl No.: 2