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2025 DAILYLAW 55885 (KAR)

SRI MANJUNATH v. DEPUTY REGISTRAR

WP/14070/2022 · 2025-11-11

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45915 WP No. 14070 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 14070 OF 2022 (CS-RES) BETWEEN: 1. SRI MANJUNATH S/O LATE NARASAIAH AGED ABOUT 43 YEARS 2. SRI SHIVAKUMAR S/O LATE NARASAIAH AGED ABOUT 37 YEARS BOTH R/AT NO.37, 5TH CROSS ROAD 1ST MAIN ROAD SHIVAPURA PEENYA POST BENGALURU - 560 073 …PETITIONERS (BY SRI. VINOD PRASAD, ADVOCATE) AND: 1. DEPUTY REGISTRAR (TOWN BANKS DIVISION) OFFICE OF CO OPERATIVE SOCIETIES, NO.01, ALI ASKAR ROAD, BENGALURU - 560052 2. ASST. REGISTRAR (TOWN BANKS DIVISION) OFFICE OF CO OPERATIVE SOCIETIES, NO.01, ALI ASKAR ROAD, BENGALURU- 560052 3. M/S THE MILLENNIUM CREDIT CO-OPERATIVE SOCIETY LIMITED, BY ITS GENERAL MANAGER, Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45915 WP No. 14070 of 2022 NO.81, GANDHI BAZAR BASAVANAGUDI BENGALURU - 560 004 REGD. UNDER CO-OPERATIVE SOCIETIES ACT 1959 4. SRI HANUMANTHARAYAPPA S/O LATE NARASAIAH AGED ABOUT 49 YEARS R/AT NO 37, 5TH CROSS 1ST MAIN, SHIVAPURA PEENYA POST, BENGALURU - 560 073 …RESPONDENTS (BY SMT. CHANDINI .S., HCGP FOR R1 & 2 SRI. A. VIJAY KUMAR, ADVOCATE FOR R3 R4 - SD/-) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/DECLARE THE PROVISION OF SUB-SECTION (20 OF SECTION 105 OF KARNATAKA CO-OPERATIVE SOCIETIES CT, AS ILLEGAL, NULL AND VOID AB INITIO IN ANNEXURE-H AND DIRECT THE RESPONDENTS TO HOLD AUCTION OF ONLY ONE OF THE TWO PROPERTIES MORTGAGED PREFERABLE ITEM NO.1 WHICH CONSISTS OF A CONSTRUCTED HOUSE AS PER ANNEXURE-D AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioners and learned counsel for respondent No.3 have filed a joint memo stating that the dispute between the parties is amicably settled in terms of the joint memo. - 3 - HC-KAR NC: 2025:KHC:45915 WP No. 14070 of 2022 2. The joint memo reads as under: "The above name parties humbly submit as follows: The petitioners have already started paying the loan amount since May 2025 by way of monthly installments @ Rs.70,000/- (Rupees Seventy Thousand Only) and undertake to pay Rs.70,000/- (Rupees Seventy Thousand Only) by way of monthly installments till the discharge of loan amount with singly default clause. The 3rd Respondent also agreed not to precipitate the sale if Petitioners pay installment regularly with singly default clause. Therefore it is prayed before the Hon'ble Court be pleased to dispose of Writ Petition in terms of this Joint Memo in the interest of Justice and Equity." 3. The joint memo is signed by petitioner No.1 - Chief Executive of respondent No.3 and their counsel. Petitioner No.1 and Chief Executive of respondent No.3 are present before the Court and they are identified by their respective counsels. 4. Petitioner No.1 and Chief Executive of respondent No.3 admit the contents of joint memo. 5. Hence, the following: - 4 - HC-KAR NC: 2025:KHC:45915 WP No. 14070 of 2022 ORDER The writ petition stands disposed off in terms of the joint memo. Sd/- (M G UMA) JUDGE PNV CT:VS List No.: 2 Sl No.: 14