- 1 - HC-KAR NC: 2026:KHC:14215 WP No. 7726 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 7726 OF 2026 (CS-RES) BETWEEN: ANILA TILAK W/O R.G TILAK, AGED ABOUT 59 YEARS, R/AT NO.95, 1ST MAIN ROAD, SHESHADRIPURAM, BENGALURU-20. …PETITIONER (BY SRI. ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI. PRUTHVI WODEYAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA CO-OPERATIVE DEPARTMENT VIKAS SOUDHA, BENGALURU-01 BY ITS CHIEF SECRETARY. 2. THE ADDITIONAL REGISTRAR CO-OPERATIVE SOCIETIES (HOUSING AND MISC) NO.1, ALI-ASKAR ROAD, BENGALURU-52. 3. KARANATAKA POSTAL AND TELECOM EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD., NO.7, "SANDESH BHAVAN", 3RD MAIN ROAD, 1ST STAGE, POSTAL COLONY, SANJAYNAGARA, BENGALURU - 560 094. REPRESENTED BY ITS SECRETARY. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14215 WP No. 7726 of 2026 4. R.G. TILAK, MANAGING DIRECTOR, PRAKRUTHI BUILDERS AND DEVELOPERS, NO.95, 1ST MAIN ROAD, SHESHADRIPURAM, BENGALURU - 20. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 & R2; SRI JAYKUMAR.S.PATIL, SENIOR COUNSEL FOR SRI. DEVI PRASAD SHETTY, ADVOCATE FOR R3; vide order dated 10.03.2026 notice to R4 is dispensed with) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE ORDER DATED 27/2/2026 PASSED BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL (CH-6) ON IA NO.III IN APPEAL NO.26/2026 VIDE ANNEXURE-K, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is seeking a writ in nature of certiorari, to quash the notice dated 12.05.2025 at Annexure-G and confirmation order dated 11.08.2025 at Annexure-G1 issued by Respondent No.2. - 3 - HC-KAR NC: 2026:KHC:14215 WP No. 7726 of 2026 2. Heard Sri.Ashok Haranahalli, learned Senior Counsel appearing on behalf of Sri.Pruthvi Wodeyar, learned counsel for the petitioner; Sri.Yogesh.D.Naik, learned Additional Government Advocate appearing for Respondent Nos.1 and 2; Sri.Jaykumar.S.Patil, learned Senior Counsel appearing on behalf of Sri.Devi Prasad Shetty, learned counsel for Respondent No.3. 3. It is argued by Sri.Ashok Haranahalli, learned Senior Counsel appearing for the petitioner, by referring to the Schedule mentioned in the application filed before Respondent No.2 at Annexure-F, it is submitted that the Schedule property No.2 is a property belonged to the petitioner, however, the proceedings have been initiated against Respondent No.4 by Respondent No.2. Learned Senior Counsel further submitted that attaching the property belonging to petitioner is erroneous and that, the petitioner herein is nowhere concerned with the proceedings initiated against Respondent No.4 by Respondent No.2. Learned Senior Counsel places reliance - 4 - HC-KAR NC: 2026:KHC:14215 WP No. 7726 of 2026 on the judgment of this Court in the case of SRI.MARADI BASAPPA Vs. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHAMARAJPET, BENGALURU in W.P.No. 24925 of 2022, disposed on 20.03.2023. 4. Per contra, Sri.Jaykumar.S.Patil, learned Senior Counsel appearing for Respondent No.3-Society submitted that, the petitioner is the wife of Respondent No.4. Learned Senior Counsel referred to the observation made by the Karnataka Appellate Tribunal in its order dated 27.02.2026 in Appeal No.26 of 2026 and sought for dismissal of the writ petition. Learned Senior Counsel also submitted that since the matter is pending consideration before the Karnataka Appellate Tribunal, the petitioner be relegated to approach the Tribunal itself. 5. In the light of the submissions made by the learned counsel for the parties, the proceedings have been initiated against Respondent No.4 by the Respondent No.3-Society before Respondent No.2 in Dispute No.AaNi (Va & E) D2/MD/104/2021-22 as per Annexure-G. A - 5 - HC-KAR NC: 2026:KHC:14215 WP No. 7726 of 2026 perusal of the writ petition would indicate that the proceedings initiated before the original authority is between Respondent Nos.3 and 4. The petitioner herein is not a party to the aforementioned proceedings. It is also to be noted that the property in which the attachment is sought does not belong to Respondent No.4 and same belongs to the petitioner. The aforementioned aspect has to be reconsidered by Respondent No.2, by providing an opportunity of hearing to all the parties concerned. 6. In that view of the matter, I find force in the submission made by the learned Senior Counsel appearing for the petitioner. However, at the apprehension expressed by the Karnataka Appellate Tribunal in its order dated 27.02.2026 in Appeal No.26 of 2026, the claim made by Respondent No.3-Society against Respondent No.4 is for sum of Rs.4,97,85,580/- accrued interest at 24% well as Rs.3,00,00,000/- as damages. - 6 - HC-KAR NC: 2026:KHC:14215 WP No. 7726 of 2026 7. Sri.Ashok Haranahalli, learned Senior Counsel appearing for the petitioner undertakes before this Court that the petitioner shall not create any third party rights in respect of the Petition Schedule Property No.2 mentioned in Dispute No.AaNi(Va & E) D2/ MD/104/ 2021-22 as per Annexure-G till consideration of the application filed by Respondent No.3-Society, seeking attachment of the petition schedule property No.2, before passing of the judgment. It is also made clear that taking into consideration the application being filed by Respondent No.3-Society, Respondent No.2 shall consider the application at Annexure-F and pass appropriate orders, in accordance with law within an outer limit of three months from the date of a copy of this order. All contentions of the parties are kept open. In view of the above, writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE DH, List No.: 1 Sl No.: 40