- 1 - NC: 2025:KHC:4525 WP No. 34721 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34721 OF 2024 (CS-RES) BETWEEN: SRI K S ASWATHANARAYANA S/O SRINIVAS RAO, AGED ABOUT 55 YEARS, R/AT NO.572 SHIVAM 2ND CROSS, NGEF LAYOUT NAGARABHAVI, BENGALURU-560 072 …PETITIONER (BY SRI. RAJESWARA P N., ADVOCATE) AND: 1. SURABHI SOUHARDA CREDIT CO-OPERATIVE SOCIETY LTD., NO.2 SURABHI SHKARI BHAVN, 13TH CROSS ATTIMABHE ROAD, C T BED EXTENSION, BANASHNKARI 2ND STAGE BENGALURU- 560 070. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. 2. MR. PREMANNDHA B P RECOVERY OFFICER (NI-441) AND ASSISTANT REGISTER OF CO-OPERATIVE SOCIETY, MALLESHWARAM, BENGALURU. 3. K S UMESH BABU S/O K S SRINIVASA RAO, AGED ABOUT 51 YEARS, R/AT NO.914, 3RD MAIN ROAD, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4525 WP No. 34721 of 2024 VIJAYANAGARA, BENGALURU-560 058. 4. THE JOINT REGISTER OF CO-OPERATIVE SOCIETIES (NI.441), SOUHARDA CO-OPERATIVE DISPUTE PANCHAYATH NO.245, BETWEEN 17TH AND 18TH CROSS MARGOSA ROAD, MALLESHWARAM, BENGALURU- 560 055. …RESPONDENTS (BY SMT. MANJULA S., ADVOCATE FOR C/R1 & R2; SRI. SIDHARTH BABU RAO, AGA FOR R4) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASHING THE NOTICE DATED 18.10.2024 BEARING NO.EP.NO.KA.RAA.SU,SAM.SA.NI/SA.SA..SA.NI/V.A/470/2016- 17 ISSUED UNDER FORM NO.8 BY THE 2ND RESPONDENT ON BEHALF OF 1ST RESPONDENT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioner files memo, which reads as under: “The Petitioner had called in question Form No.8 & 9 issued by the 2nd Respondent on behalf of the 1st Respondent proposing to auction the Petition Schedule Property on 09.01.2025. This Hon'ble Court by an Interim Order dated 19.12.2024 R/w 10.01.2025 was pleased to permit the auctioning of the property but restrained the Respondents from - 3 - NC: 2025:KHC:4525 WP No. 34721 of 2024 confirming the same subject to the Petitioner depositing 25% of the amount. The Petitioner has deposited a sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) pursuant to the order dated 19.12.2024 passed by this Hon'ble Court. However, the auction did not take place on 09.01.2025 as there was no sale officer. In that view of the matter the prayer sought in the writ petition has become infructuous. Furthermore, the Petitioner has challenged the award by filing appeal before the Hon'ble Karnataka Appellate Tribunal in Appeal No.355/2024. In view of the filing of the said appeal, the Petitioner may be permitted to withdraw the above writ petition to pursue the remedy of appeal before Hon'ble Karnataka Appellate Tribunal. The same may kindly be taken on record, in the interest of justice and equity.” 2. The memo is taken on record. 3. In view of the memo, the writ petition stands dismissed as with drawn. Sd/- JUSTICE K.S. HEMALEKHA) AT List No.: 1 Sl No.: 50