- 1 - HC-KAR NC: 2025:KHC:28422 WP No. 32587 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.32587 OF 2024 (CS-RES) BETWEEN: 1. SMT. RAJESHWARI H. M. W/O. M. S. YATHINDRA AGED ABOUT 44 YEARS 2. SRI M. S. YATHINDRA S/O. M. R. SADASHIVAIAH AGED ABOUT 48 YEARS PETITIONER NOS.1 AND 2 ARE RESIDENTS OF 2ND MAIN ROAD 6TH PARALLEL ROAD AMRUTHA HOUSE, DEVARAJ URS EXTENSION SHIVAMOGGA - 577 204. 3. HARISH S. S/O. SHARANABASAPPA J. AGED ABOUT 50 YEARS K.B.H. COLONY, VEBOBANAGAR SHIVAMOGGA - 577 204. …PETITIONERS (BY SRI DAYALU K. N., ADVOCATE) AND: 1. VIPRA VIVIDHODDESHA SOUHADHA SAHAKARI NIYAMITHA VINOBHANAGARA, 'RAAGA' 1ST STAGE, 5TH CROSS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28422 WP No. 32587 of 2024 SHIVAMOGGA REP. BY ITS BRANCH MANAGER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1997, SECTION 39. 2. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (NI.441) SAUHARDHA SAHAKARIGALA DAVA PANCHAYATHI NYAYALAYA, KARNATAKA STATE SOUHARDHA SAMYUKTHA SAHAKARI SANGHA "SAUHARDHA SAHAKARA SOUDHA" #68, 1ST MAIN ROAD, 17TH AND 18TH CROSS ROAD MARGOSA ROAD, MALLESHWARAM BANGALORE - 560 055. 3. RECOVERY OFFICER/AUTHORITY (NI.441) AND ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES KARNATAKA STATE SOUHARDHA SAMYUKTHA SAHAKARI SANGHA NIYAMITHA "SAUHARDHA SAHAKARA SOUDHA" #68, 1ST MAIN ROAD, 17TH AND 18TH CROSS ROAD MARGOSA ROAD, MALLESHWARAM BANGALORE - 560 055. …RESPONDENTS (BY SRI THUSHANTH C. V., ADVOCATE FOR R-1; SRI HARISH A. S., A.G.A., FOR R-2 AND R-3) *** THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A)QUASH THE AUCTION NOTICE DATED 28.10.2024 ISSUED BY THE RESPONDENT NO.3 IN EP.NO. KARASOUSUMSANI/ SA.SUM. SA.NI/VAA/489/2023-24 ON THE FILE OF THE RESPONDENT NOS.1 AND 3 FOR THE MORTGAGED PROPERTY OF THE PETITIONER NO.1 I.E. ANNEXURE-G TO THE WRIT PETITION; B) DIRECT THE RESPONDENTS TO PROVIDE THE PETITIONER - 3 - HC-KAR NC: 2025:KHC:28422 WP No. 32587 of 2024 WITH AN OPPORTUNITY TO SETTLE THE DUES THROUGH A REPAYMENT PLAN OR NEGOTIATE THE TERMS OF REPAYMENT; GRANT TIME TO THE PETITIONER TO REPAYMENT OF THE LOAN AMOUNT, AND C) PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT MAY DEEM FIT IN THE INTEREST OF JUSTICE. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: "a) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the auction notice dated 28.10.2024 issued by the respondent No.3 in EP.No. Karasousumsani/ Sa.sum.Sa.Ni/VAa/489/2023-24 on the file of the respondent Nos.1 and 3 for the mortgaged property of the petitioner No.1 i.e. Annexure-G to the writ petition; b) Direct the respondents to provide the petitioner with an opportunity to settle the dues through a repayment plan or negotiate the terms of repayment; c) Grant time to the petitioner for repayment of the loan amount, and pass such other orders as this Hon'ble Court may deem fit in the interest of justice." - 4 - HC-KAR NC: 2025:KHC:28422 WP No. 32587 of 2024 2. No amicable settlement of the dispute has been arrived at between the petitioners and respondent No.1, despite granting several opportunities. 3. Reserving liberty to the petitioners to approach the Appellate Authority under Section 46 of the Karnataka Souharda Sahakari Act, 1997, the petition stands disposed of. 4. Pending I.As., if any, stand disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 21