- 1 - HC-KAR NC: 2025:KHC-D:9937 WP No. 106488 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106488 OF 2024 (GM-CPC) BETWEEN: 1. SHRI. PRAKASH B PORWAL AGE 62 YEARS, OCC. BUSINESS. 2. SHRI KISHOR B PORWAL AGE 62 YEARS, OCC. BUSINESS BOTH R/O H.NO. 1532 DESHAPNDE GALLI, BELAGAVI DIST. BELAGAVI 590001 …PETITIONERS (BY SRI. VISHWANATH BADIGER., ADVOCATE) AND: ASHRAYA SOUHARD CREDIT SOCIETY LTD R/BY ITS BRANCH MANAGER SHRIKANT BARUVE AGE 37 YEARS, OCC. MANAGER MAHANTESH NAGAR, BELAGAVI DIST. BELAGAVI 590016 …RESPONDENT (BY SRI. SHIVARAJ S.B., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND SET SIDE THE QUASH THE E.P. NO. 151/2019, ON THE FILE OF IV ADDL.SENIOR CIVIL JUDGE AND JMFC, BELAGAVI AS PER ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY, AND ETC. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9937 WP No. 106488 of 2024 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Sri.Shivaraj.S.B., learned counsel, accepts notice for the respondent. The registry is directed to print his name as such. 2. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari and quash the entire proceedings in E.P.No.151/219 pending on the file of IV Addl. Senior Civil Judge & JMFC, Belagavi as per Annexure-E in so far as petitioners is concerned, in the interest of justice and equity. ii. Issue any other writ or direction to which the petitioners are found entitled to in the present facts and circumstances. 3. What has been challenged is the proceedings in Execution in E.P.No.151 of 2019 initiated in pursuance of the award passed by the Assistant Registrar Co-operative Societies in a dispute raised - 3 - HC-KAR NC: 2025:KHC-D:9937 WP No. 106488 of 2024 under Section 70 of the Karnataka Co-operative Societies Act, 1959. 4. On enquiry with learned counsel for the petitioner as to whether the award has been challenged, he submits that since it was an ex-parte order it was not challenged. 5. Whether an award is ex-parte or not, once an award has been passed it can be brought in for execution and the execution proceedings cannot be challenged without an award having been challenged and set aside. 6. In that view of the matter, reserving liberty to the petitioner to challenge the award of the Assistant Registrar Co-operative Societies, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 56