Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17176 WP No. 104984 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104984 OF 2025 (CS-DAS) BETWEEN:
1. SRI. RAGHURAM S/O. VENUGOPAL RAO, AGED 41 YEARS, R/AT BEHIND SAI BABA MANDIR, VITALAPUR ROAD, AGOLI POST, GANGAVATHI, KOPPAL-583231. 2. SMT. VIJAYASHREE W/O. VENUGOPAL RAO, AGED 63 YEARS, R/AT BEHIND SAI BABA MANDIR, VITALAPUR ROAD, AGOLI POST, GANGAVATHI, KOPPAL-583231. 3. SHREE RAM S/O. VENUGOPAL RAO, AGED 47 YEARS, R/AT BEHIND SAI BABA MANDIR, VITALAPUR ROAD, AGOLI POST, GANGAVATHI, KOPPAL-583231. …PETITIONERS (BY SRI. SACHCHIDANAND B. PATIL, ADVOCATE)
AND:
1. THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES,
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:17176 WP No. 104984 of 2025
SOUHARDA SAHAKAARI SOUDHA, 68, 1ST FLOOR, MARGOSA ROAD, MALLESHWARAM, BENGALURU – 560 055. 2. GANGAVATHI CITY PATTINA SOUHARDA SAHAKARI NIYAMITA, REP. BY ITS MANAGER, OFFICE AT OPP. CANARA BANK, WEEKLY MARKET YARD, GANGAVATHI, KOPPAL DISTRICT – 583 231, (R2 IS A CO-OPERATIVE SOCIETY BANK). …RESPONDENTS (BY SMT. NADINI SOMPAUR, AGA FOR R1;
SRI. N.P. VIVEKMEHTA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED AWARD DATED 14-07-2023 IN PROCEEDINGS BEARING NO. D.R.D / K.RA.SAU.SAM.SA.NI / 2047 / 2022-2023 VIDE ANNEXURE-D AND SALE NOTICE DATED 1/4/2024 BEARING NO. K.RA.SAU.SAM.S.NI / S.SAM.SA.NI / VA / 421 / 2023-2024 VIDE ANNEXURE-E PASSED BY THE RESPONDENT NO.1 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:17176 WP No. 104984 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Petitioners are before this Court seeking the following prayer. “A. Issue writ of certiorari quashing the impugned award dated 14-07-2023 in proceedings bearing No. D.R.D / K.RA.SAU.SAM.SA.NI / 2047 / 2022- 2023 vide Annexure-D and sale notice Dated 1/4/2024 bearing no. K.RA.SAU.SAM.S.NI / S.SAM.SA.NI / VA / 421 / 2023-2024 vide Annexure-E passed by the Respondent No.1 and B. Grant such other or further reliefs as this Hon’ble Court may deem fit in the facts circumstances of the case.”
2. The Co-ordinate Bench of this Court on 23.07.2025 had passed the following order. “Heard learned counsel for the petitioners.
Learned AGA is directed to take notice for respondent No.1. Issue notice to respondent No.2. The petitioners had filed a petition earlier before this Court in Writ Petition No.26095/2024 aggrieved by the action taken by the respondents and interim order was granted therein subject to the petitioners paying a sum of Rs.6,50,000/- before respondent No.1. It is submitted that petitioners have paid the amount before this Court, as respondent No.2 did not accept the same. Thereafter, the petitioners withdrew the petition on 14.07.2025 and they were permitted to withdraw the amount. The petitioners have not withdrawn the said amount. - 4 -
HC-KAR NC: 2025:KHC-D:17176 WP No. 104984 of 2025
Learned counsel for the petitioners submits that the petitioners are ready and willing to pay the balance outstanding amount if reasonable time is granted. No action, as of now, is taken by respondent No.2 for execution or recovery of the amount. Since the petitioners submit that they are ready and will to pay the outstanding balance amount, the petitioners are directed to pay 50% of the outstanding amount apart from the amount already paid within four weeks from today. On such payment, no precipitative action shall be taken by the respondents. If amount is not paid, the respondents shall proceed further in the matter.”
3. This interim order was subsequently continued on the request of the petitioners that the amount would be complied with. Even today, not a rupee has been paid in terms of the interim order. 4. In that light, the petition does not deserve any further indulgence. Petition stands disposed. 5. It is open to the petitioners to avail of such remedy as is available in law. Sd/- (M.NAGAPRASANNA) JUDGE
RSH / CT: ASC LIST NO.: 1 SL NO.: 28