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2025 DAILYLAW 85462 (KAR)

MARGARET FRANSIS FUDTADO v. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES

WP/67779/2012 · 2025-10-15

M Nagaprasanna

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:13940 WP No. 67779 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 67779 OF 2012 (CS-DAS) BETWEEN: SMT. MARGARET FRANSIS FUDTADO W/O. FRANSIS FUDTADO, AGE: 69 YEARS, R/O: KOPPALAKARAVADI, TQ:KUMTA, DIST: UTTAR KANNADA. …PETITIONER (BY SRI. S. G. KADADAKATTI, ADVOCATE) AND: 1. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADAKARWAR, DIST: UTTAR KANNADA. 2. ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES AND RECOVERY OFFICERKUMTA SUB DIVISION, KUMTA, DIST: UTTAR KANNADA. 3. GENERAL MANAGER, SIRSI URBAN CO-OPERATIVE BANK LTD., SIRSI, DIST: UTTAR KANNADA. 4. SILVASTAR VINSENT SIKVERA Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13940 WP No. 67779 of 2012 S/O. VINSENT SKVERA. 5. KOLIN PEETER S. SIKVERA S/O. S. SKVERA. 6. KIERANSE PAVAL S. SIKVERA S/O. S. SKVERA, RESPONDNET NO. 4 TO 6 AGE: MAJOR,R/O. FLAT NO. B-504, BUILDING NO. 3, ASMITA ANMITA MIRA ROAD E MUMBAI – 401 104. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 AND R2; SRI. VENKATESH R. BHAGAT AND SRI. PRAVEEN P. TARIKAR, ADVOCATE FOR R3; R4 AND R6 ARE SERVED; NOTICE TO R5 IS DISPEDN WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE SALE NOTICE DATED 24/07/2012 ISSUED BY RESPONDENT NO.2 (ANNEXURE-D) AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13940 WP No. 67779 of 2012 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Petitioner is before this Court seeking the following prayer. “A. Issue a writ of certiorari or any other writ to quash the Sale notice dated 24/07/2012 issued by respondent no.2 (Annexure-d). B. Issue any appropriate writ, order or direction in the circumstances of the case including an order as to costs, to meet the ends of justice.” 2. What was called in question was a sale notice dated 24.07.2012. 13 years have passed by pursuant to the issuance of the sale notice. There is no interim order granted in the case at hand. Therefore, the date of sale i.e., 24.07.2012 has already spent itself. In the light of the date of sale spending itself, the subject petition need not be detained before this Court for any further orders. - 4 - HC-KAR NC: 2025:KHC-D:13940 WP No. 67779 of 2012 3. Leaving open all the remedies available to the petitioner to be availed of, the petition stands disposed as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 99