- 1 - HC-KAR NC: 2025:KHC:25647 WP No. 23243 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23243 OF 2022 (CS-DAS) BETWEEN: SRI RAGHUNATHA KHARVI S/O LATE BIKYA KHARVI AGED 55 YEARS OCC. AGRICULTURE R/AT NO. 3-76, JANAKI HOUSE NEAR DURGA PARAMESHWARI TEMPLE DAKU HITLU GANGOLLI KUNDAPURA TALUK UDUPI DISTRICT - 576 216 …PETITIONER (BY SRI. PRASANNA V R., ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES CUM-RECOVERY OFFICER KUNDAPURA SUB-DIVISION KUNDAPURA, UDUPI DISTRICT - 576 201. 2. MAHALAKSHMI CO-OP BANK LTD., REP BY ITS CHIEF MANAGER ADMINISTRATIVE OFFICE 1ST FLOOR, KALMANJE TOWERS LAL BAHADOOR SHASTRY ROAD AJJARAKADU, UDUPI DISTRICT - 576 101. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25647 WP No. 23243 of 2022 3. SRI. SURENDRA KHARVI S/O LAKSHMANA KHARVI AGED MAJOR R/AT ‘BALLU HOUSE’ NEAR DURGA PARAMESHWARI TEMPLE DAKU HITLU GANGOLLI, KUNDAPURA TALUK, UDUPI DISTRICT - 576 216. 4. SRI. MITHUN KHARVI S/O LATE BIKYA KHARVI AGED 50 YEARS OCC. AGRICULTURE, R/AT ‘BALLU HOUSE’ NEAR DURGA PARAMESHWARI TEMPLE DAKU HITLU, GANGOLLI, KUNDAPURA TALUK, UDUPI DISTRICT - 576 216. …RESPONDENTS (BY SRI. HARISH,A.S, AGA FOR R1; SRI. DEVI PRASAD SHEETY ADVCOATE FOR R2; SRI. SURENDRA KHARVI ADVOCATE FOR R3 SERVED NOTICE V/O DATED 17.02.2023; SRI. MITHUN KHARVI, ADVOCATE FOR R4, NOTICE TO R4 IS H/S) THIS WP FILED IS UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE AUCTION NOTICE DTD 15.10.2022 IN DISPUTE NO.47/2019-20 - EXECUTION NO.228/2021-22 ISSUED BY THE R1 VIDE ANNEXURE-A AND B RESPECTIVELY GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO AUCTION NOTICE DTD 15.10.2022 IN DISPUTE NO.47/2019-20 - EXECUTION NO.228/2021-22 ISSUED BY THE R1 VIDE ANNEXURE-A AND B RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:25647 WP No. 23243 of 2022 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. “Issue a Writ of Certiorari, quashing the Auction Notice dated 15.10.2022 in Dispute No.47/2019-20- Execution No. 228/2021-22 issued by the 1st Respondent vide Annexure-a and B respectively. ii. Issue any other writ or order to meets in the ends of justice.” 2. Both the counsel submit that the loan account of the petitioner has been cleared and there are no dues of the petitioner to the respondent Bank. 3. In that view of the matter, the present petition does not survive for consideration. Hence, the petition is dismissed as settled out of Court. SD/- (SURAJ GOVINDARAJ) JUDGE KTY/List No.: 1 Sl No.: 54