- 1 - HC-KAR NC: 2025:KHC:28727 WP No. 16755 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16755 OF 2025 (CS-RES) BETWEEN: 1. SMT FOUSTHINA MENDONZA W/O. MR. ALEX MENDONZA, AGED ABOUT 67 YEARS, MEMBERSHIP NO 5666, HOUSE NO.18-44/1, KODI HITHALU HOUSE, KODI, POST SHIRVA-574 116 UDUPI TALUK. 2. SRI ALEX MENDONZA, SO. MR. SILVESTER MENDONZA, AGED ABOUT 72 YEARS, MEMBERSHIP NO.5706, HOUSE NO 18-44/1, KODI HITHALU HOUSE, KODI, POST SHIRVA-574 116 UDUPI TALUK. …PETITIONERS (BY SRI. KARKALA SHASHIKANTH PRASAD.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETY, VIDHANASOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENT BY CHIEF EXECUTIVE. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28727 WP No. 16755 of 2025 2. THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETY K.CS.R 441, DAKSHINA KANNADA DISTRICT CENTRAL CO-OPERATIVES BANK NIYAMITHA, MANGALURU 575 003. REPRESENTED BY THE ASSISTANT REGISTRAR. 3. DAKSHINA KANNADA DISTICT CENTRAL CO-OPERATIVE BANK (N). K.C.SR. 441, MANGALURU-575 003 REPRESENTED BY BRANCH MANAGER, CO-OPERATIVE ACT U/S.1960. 4. MR. ROYDEN MENDONZA, S/O. MR. SILVESTER MENDONZA, ADULT, MEMBERSHIP NO 5704, HOUSE NO.18-44/1, KODI HITHALU HOUSE, KODI, POST SHIRVA-574 116, UDUPI TALUK. 5. MR. AKBAR MOHAMED BEARY, SO. MR. MOHAMMED, ADULT MEMBERSHIP NO.5712, HOUSE NO 4-27(5), PALLI GUDDE, KOTE, POST KATPADI-574 105 UDUPI TALUK. 6. MR. KATTEMGERI ZUBER SAHEB, S/O. MR. K. AHAMED SAHEB, ADULT MEMBERSHIP NO 5772, HOUSE NO 1-23A, RAJIVA NAGAR, MANIPURA, POST KATPADI-574 105 UDUPI TALUK. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R1 AND R2, SRI RAKSHITH KUMAR, ADVOCATE FOR R3) - 3 - HC-KAR NC: 2025:KHC:28727 WP No. 16755 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE IN FORM NO-8 AND 9 DATED 28-04-2025 IN DISPUTE NO JRM/DDS/683/2019-20 AND CEP. NO 672 /2019- 20 FOR THE AUCTION TO BE HELD ON 16-06-2025 ISSUED BY THE RESPONDENT 2 ANNX A AND BGRANT AN INTERIM ORDER TO PENDING DISPOSAL OF THE WRIT PENTION IT IS PRAYED THAT THIS HON BLE COURT BE PLEASED TO PASS AN INTERIM ORDER OF STAY FOR ALL THE FURTHER PROCEEDING OF AUCTION NOTICE AUCTION NOTICE IN FORM NO-8 AND 9 DATED 28-04-2025 IN DISPUTE NO JRM/DDS/683/2019-20 AND CEP. NO 672/2019-20 FOR THE AUCTION TO BE HELD ON 16-06-2025 ISSUED BY THE RESPONDENT NO.02 ANNEXURE A AND B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER The petitioners are before this court seeking for the following reliefs. "i. Quash the Auction Notice in Form No.8 and 9 dated 28.04.2025 in Dispute No.JRM/DDS/683/2019- 20 and CEP. nO.672/2019-20 for the auction to be held on 16.06.2025 issued by the respondent No.2 (Annexure-A and B) ii. Grant such other relief/s, as this Court deems fit under the circumstance of the petition, in the interest of justice." 2. A memo dated 25.07.2025 signed by the learned counsel for the petitioners has been filed, and the same reads as follows: - 4 - HC-KAR NC: 2025:KHC:28727 WP No. 16755 of 2025 "Due to financial problem petitioners not complied the court order 12.06.2025. Hence, petitioners withdraw the above writ petition as not pressed." 3. Accepting the said memo and the submission of the learned counsel for the petitioners, the petition is dismissed as withdrawn. 4. The Registry is directed to put up this order passed in the present petition and file in the present matter and any other petition is filed by the petitioners against the respondent No.3. SD/- (SURAJ GOVINDARAJ) JUDGE BKM List No.: 1 Sl No.: 10