- 1 - HC-KAR NC: 2025:KHC-D:17074 WP No. 102332 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.102332 OF 2022 (GM-CPC) BETWEEN: 1. D. MARUTI S/O D. YELLAPPA, AGE. 40 YEARS, OCC. AGRICULTURE, 2. DANDI MANJUNATH S/O DANDI YELLAPPA, AGE. 40 YEARS, OCC. AGRICULTURE, BOTH ARE R/O. BASAVANADURGA, NAGENAHALLI VILLAGE, HOSPET. … PETITIONERS (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, URBAN BANK CELL, NO.132, K.H. ROAD, SUDHAM NAGAR, BENGALURU-560 027. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BALLARI, DIST. BALLARI. 3. SWATHI PATTINA SOUHARDA SAHAKARI NIYAMIT, REP. BY CHIEF EXECUTIVE OFFICER, MAIN BAZAR, HOSAPETE, DIST. VIJAYANAGAR. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 AND R2; SRI. SHIVARAJ S. BALLOLLI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND DECLARE THAT THE ENTIRE PROCEEDINGS IN EX. P. 28/2021 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC HOSAPETE VIDE ANNEXURE-F IS WITHOUT JURISDICTION, NONEST AND ALSO TO QUASH THE IMPUGNED ORDER DATED 27/11/2021 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND JMFC HOSAPETE VIDE ANNEXURE-F IN THE ENDS OF JUSTICE AND EQUITY AND ETC. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17074 WP No. 102332 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)] 1. Heard the learned counsel appearing for the petitioners and learned counsel appearing for the respondents- Souharda Sahakari Niyamit. 2. The petition is arising from the order dated 27.11.2021, which rejected the petitioners’ claim that execution proceedings cannot continue without a certificate under Section 43 of the Karnataka Souharda Sahakari Act, 1997 (for short, ‘the Act of 1997’). Admitted factual position is, there is an award under the Act of 1997 against the petitioners. 3. The respondent-Souharda Sahakari Niyamit has initiated execution proceeding to recover the amount due under award. - 3 - HC-KAR NC: 2025:KHC-D:17074 WP No. 102332 of 2022 4. The contention of learned counsel appearing for the petitioners is that, the respondent- Souharda Sahakari Niyamit has not obtained certificate under Section 43 of the Act of 1997, which is mandatory to execute award. 5. Learned counsel for the respondent- Souharda Sahakari Niyamit would submit that initially when the proceeding was initiated, the certificate was not obtained. However, the certificate is obtained when the proceeding is pending before this Court. The certificate is not yet produced. Execution proceeding initiated without obtaining the certificate, is indeed defective. However, the defect is curable. It is more so in a situation when the petitioners do not dispute award and do not claim that they have repaid entire amount. 6. Under these circumstances, the petition is disposed of with a rider that execution proceeding - 4 - HC-KAR NC: 2025:KHC-D:17074 WP No. 102332 of 2022 shall be continued provided the respondents produce the certificate to execute an award. 7. In case the certificate is not produced within two weeks from the date of the receipt of the copy of the order, the petition shall be dismissed, reserving the liberty to the petitioners to avail such remedy as available in law. 8. The amount in deposit shall be released in favour of the respondent- Souharda Sahakari Niyamit, in case the certificate is produced. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 75