- 1 - NC: 2025:KHC-D:5505-DB WA No. 100146 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100146 OF 2025 (GM-RES) BETWEEN: SRI CHANDRASHEKAR S/O VIRUPAKSHA KIDLIBUDDI AGE. 45 YEARS, OCC. AGRICULTURE, MASAGUPPI VILLAGE, MUDALAGI, TALUK BELAGAVI DISTRICT KARNATAKA 591 312. …APPELLANT (BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE) AND: 1. REGISTRAR OF CO-OPERATIVE SOCIETIES 1ST CIRCLE, BENGALURU CITY DISTRICT ALI ASKER ROAD, BENGALURU 560001. 2. ASSISTANT REGISTR4AR OF CO-OPERATIVE SOCIETIES 1ST FLOOR, MINI VIDHANA SOUDHA, BAILHONGAL SUB DIVISION, BELGAUM DISTRICT, KARNATAKA 591102. 3. CHAITANYA CREDIT URBAN CO-OPERATIVE SOCIETIES LTD., DURGA NAGAR MUDALAGI TALUK BELAGAVI DISTRICT, KARNATAKA-591 312 REPRESENTED BY ITS C.E.O 4. BASAVARAJ S/O VIRUPAKSHA KADLIBUDDI AGE. 42 YEARS, OCC AGRICULTURIST, 5. SHASHIKALA W/O BASAVARAJA BOMMANNA AGE. 48 YEARS, OCC. AGRICULTURIST 6. MALLIKARJUN S/O BARAMAPPA SHIMPIGER AGE. 52 YEARS, OCC. AGRICULTURIST, 7. DUNDAVVA W/O SHANKARAPPA HOLLIERA METRI AGE. 62 YEARS, OCC. AGRICULTURIST, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5505-DB WA No. 100146 of 2025 8. SMT. GOWRAVVA W/O VIRUPAKSHA KADLIBUDDI AGE. 77 YEARS, OCC. HOUSE WIFE, 9. SMT. SHAKUNTHALAMMA MANJUNATH D/O VIRUPAKSHA KADLIBUDDI AGE. 52 YEARS, OCC. AGRICULTURIST, RESPONDENTS NO.4 TO 9 ARE MASAGUPPI VILLAGE, MUDALAGI TALUK, BELAGAVI DISTRICT, KARNATAKA 591 312. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R2; SRI. M.C. HUKKERI, ADVOCATE FOR R3) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE PRESENT APPEAL AND ALLOW THE PRESENT APPEAL AND CONSEQUENTLY MODIFY THE ORDER DATED 07.03.2025 IN W.P.101694/25 AND GRANT INTERIM ORDER AS PRAYED FOR IN THE WRIT PETITION I.E.,(I) PENDING DISPOSAL OF THE WRIT PETITION, THIS HON’BLE COURT MAY BE PLEASED TO GRANT AN AD-INTERIM ORDER OF STAY OF EXECUTION AND OPERATION OF THE ORDER DATED 11.07.2024 PASSED BY THE RESPONDENT NO.2 DISPUTE NO.UBC-3 DIS/1042/2022-23 ANNEXED VIDE ANNEXURE-C AND ETC., THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present intra-Court appeal is filed under Section 4 of the Karnataka High Court Act, 1961 calling in question the order dated 7.3.2025 passed in WP No.101694/2025, whereunder, the learned Single Judge ordered for issuance of notice in the writ petition without granting any interim relief. - 3 - NC: 2025:KHC-D:5505-DB WA No. 100146 of 2025 The order dated 11.07.2024 passed in Dispute No.UBC- 3/DIS/1042/2022-23 pending before the Karnataka Appellate Tribunal, Bengaluru1, as also auction dated 10.3.2025 (Annexure-F) are called in question. 2. This Court vide interim order dated 10.3.2025 granted stay of the confirmation of sale, subject to the appellant depositing a sum of Rs.1,00,000/- before the Tribunal within two weeks. 3. Learned counsel for the appellant submits that Demand Draft of Rs.50,000/- is available with the appellant and further arrangement to deposit another sum of Rs.50,000/- would be made within two days. 4. It is forthcoming that the appellant has filed Appeal No.287/2024 before the Tribunal challenging the award dated 11.07.2024 passed in Dispute No.UBC-3/DIS/1042/2022-23. The Tribunal having not granted any interim relief, writ petition was filed. The learned Single Judge also not having granted any interim relief, the present appeal is filed. 1 ‘Hereinafter referred to as ‘Tribunal’ - 4 - NC: 2025:KHC-D:5505-DB WA No. 100146 of 2025 5. Having regard to the fact that main appeal is pending consideration before the Tribunal and keeping in mind the fact that the appellant has not complied the condition imposed vide interim order dated 10.3.2025 and the fact that on the day of auction, no bidder was participated, we deem it appropriate to dispose of the present appeal, reserving liberty to the appellant to pursue the appeal pending before the Tribunal. 6. Pending applications, if any, are disposed of, as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 35