- 1 - NC: 2025:KHC:16629 WP No. 20148 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 20148 OF 2024 (GM-CPC) BETWEEN: SRI. H N PARSHWANATH AGED ABOUT 56 YEARS S/O LATE NEMAYYA RETIRED EMPLOYEE R/AT CHAKKODU,KUDARURU VILLAGE SULLOLLI POST,SAGARA TALUK SHIVAMOGA DISTRICT – 577401. …PETITIONER (BY SRI. R P HEGDE, SENIOR COUNSEL FOR SRI. KESHAVAMURTHY H B., ADVOCATE) AND: 1. THE ASST. REGISTRAR OF CO OPERATIVE SOCIETEIS SAGAR SUB-DIVISION JOSEPH NAGAR, SAGAR SAGAR TALUK SHIVAMOGA DISTRICT - 577401. 2. PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NY KUDARURU GRAMA SULLOLLI POST, SAGAR TALUK …RESPONDENTS (BY SRI. GANAPATHI., ADVOCATE FOR R2: NOTICE TO R1 IS SERVED AND UNREPRESENTED) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16629 WP No. 20148 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY IN THE COURT OF THE SR.CIVIL JUDGE AND JMFC SAGARA SHIVAMOGA, DATED: 19.02.2024 IN EXECUTION PETITION 13/2022 AS ANNEXURE-A IN IA 1/24 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-Judgment Debtor challenging the order dated 19.02.2024 passed by the Prl. Senior Civil Judge & JMFC, Sagara, on I.A.No.1 filed under Order 21 Rule 54 of CPC read with Section 151 of CPC in Ex.P.13/2022, whereby the Executing Court has allowed the said application. 2. The decree holder had obtained an award dated 27.11.2019 passed by the Registrar of Co-operative Societies, Sagara in Dispute No.1/2014-15 under Section 69 of the Karnataka Co-operative Societies Act, 1959 for recovery of a sum of Rs.33,59,299/- with interest at 18% p.a. Thereafter, the judgment debtor has filed an appeal - 3 - NC: 2025:KHC:16629 WP No. 20148 of 2024 before the Karnataka Appellate Tribunal, Bengaluru (for short ‘the Tribunal’) in Appeal No.29/2020 under Section 105 of the Karnataka Co-operative Societies Act, 1959. Along with the appeal, he also filed an application for stay and deposited a sum of Rs.8,40,000/-. On that basis, the appeal came to be admitted, but no stay order has been passed. The Tribunal has issued notice to the decree holder. In the meantime, the decree holder has filed Execution petition i.e., Ex.No.13/2022 before the Senior Civil Judge and JMFC, Sagara. The Executing Court by order dated 19.02.2024 has issued sale proclamation and sale warrant for sale at spot on 18.06.2024 for sale at Court on 18.07.2024. Being aggrieved by the same, the present petition is filed. 3. The appeal before the Tribunal is filed by the judgment debtor challenging the award passed by the Assistant Registrar of Co-operative Societies, Sagara. Since no stay order has been passed by the Trial Court - 4 - NC: 2025:KHC:16629 WP No. 20148 of 2024 and the application for stay is pending before the Tribunal, I proceed to pass the following order: ORDER a) The writ petition is disposed of. b) The Tribunal is directed to dispose of Appeal No.29/2020 within one year from the date of receipt of copy of this order, subject to condition that the judgment debtor shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) before the Tribunal within six weeks from today, in addition to Rs.8,40,000/- already deposited by the judgment debtor. c) The Executing Court is directed not to proceed with the matter till the disposal of the appeal filed by the judgment debtor before the Tribunal. All pending I.As., if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 64