- 1 - HC-KAR NC: 2025:KHC:47454 WP No. 27200 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 27200 OF 2024 (CS-RES) BETWEEN: JOYAN JOHN LEWIS S/O JOHN BAPTIST LEWIS AGED ABOUT 38 YEARS R/AT J.J. VILLA, THOMSON ROAD SANTEKATTE POST, KAKKUNJE UDUPI - 576 105 REP. BY HIS FATHER AND POWER OF ATTORNEY HOLDER JOHN B. LEWIS S/O LATE THOMAS LEWIS AGE ABOUT 71 YEARS …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION 1ST FLOOR, VIKASA SOUDHA DR B .R. AMBEDKAR VEEDHI BENGALURU - 560001 REP BY ITS PRINCIPAL SECRETARY 2. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES AND RECOVERY OFFICER KUNDAPUR SUB DIVISION KUNDAPUR UDUPI - 575003 3. THE SALE OFFICER BADAGABETTU CREDIT CO OPERATIVE SOCIETY LTD HEAD OFFICE AT CHETHANA COMPLEX Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47454 WP No. 27200 of 2024 MISSION COMPOUND UDUPI - 576101 4. BADAGABETTU CREDIT CO OPERATIVE SOCIETY LTD HEAD OFFICE AT CHETHANA COMPLEX MISSION COMPOUND UDUPI -576101 REP BY ITS MANAGER (REGISTERED UNDER CO OPERATIVE SOCIETIES ACT 1969) 5. M/S APLOMB BUILDERS AND DEVELOPERS (R) RYANA BUILDING 1ST CROSS, GOPALAPURA SANTHEKATTE-576105 UDUPI TALUK REP. BY ITS PARTNERS (A) MR. MACQUIN MONTERIO AND (B) MR PATRIC CLEMENT ROCHE (REGISTERED UNDER PARTNERSHIP ACT) 6. MACQUIN MONTERIO S/O LATE JOSEPH MONTAIRO AGED ABOUT 39 YEARS R/AT 'LAWRAN HOUSE' GOPALAPURA, 1ST CROSS SANTHEKATTE UDUPI TALUK UDUPI DISTRICT -576105 ALSO AT MACQUIN MONTERIO S/O LATE JOSEPH MONTAIRO AGED ABOUT 39 YEARS R/AT RIROY VILLA GOPALAPURA, TH MAIN CROSS SANTHEKATTE, UDUPI TALUK UDUPI DISTRICT-576105 ALSO AT R/AT RAYAN APARTMENTS FLAT NO.303, GOPALPURA 1ST CROSS, SANTHEKATTE - 3 - HC-KAR NC: 2025:KHC:47454 WP No. 27200 of 2024 UDUPI TALUK UDUPI DISTRICT-576105 7. MR. PATRIC CLEMENT ROCHE S/O LATE LIGORY ROCHE AGED ABOUT 75 YEARS R/AT "ROCHE VILLA" GOPALPURA, 1ST CROSS SANTHEKATTE UDUPI TALUK UDUPI DISTRICT - 576 105 …RESPONDENTS (BY SRI: YOGESH D. NAIK, AGA FOR R1 TO R2 SRI: MAHESH R. UPPIN, ADVOCATE FOR R3 & R4 R7 - SD/-, V/O DT.13/10/25, NOTICE TO R5 & 6 H/S) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION SALE NOTICE DATED 22.09.2024 ISSUED BY RESPONDENT NO.3 PUBLISHED IN UDAYAVANI A KANNADA DAILY NEWSPAPER DATED 22.09.2024 IN EXECUTION PETITION NO. 336/21-22 IN DISPUTE NO. 20/20-21 SCHEDULED ON 24.10.2024 VIDE ANNEXURE-A INSOFAR SAS IT RELATES TO THE SCHEDULE PROPERTY AND ETC., THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioner has filed a memo seeking permission to withdraw the petition as not pressed with liberty to pursue his remedy pursuant to the order dated 31.08.2023 passed in Consumer Complaint No.91 of 2021 by the Udupi District Consumer Disputes Redressal Commission, Udupi. - 4 - HC-KAR NC: 2025:KHC:47454 WP No. 27200 of 2024 Memo is placed on record. The Writ Petition is dismissed as not pressed, with liberty pursue his remedy pursuant to the order dated 31.08.2023 passed in Consumer Complaint No.91 of 2021 by the Udupi District Consumer Disputes Redressal Commission, Udupi. In view of the disposal of main petition, IA.1 of 2025 filed for disposal of the writ petition stand disposed off. Sd/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 2 Sl No.: 9