- 1 - HC-KAR NC: 2026:KHC:22960 WP No. 8184 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8184 OF 2026 (GM-DRT) BETWEEN: M/S NIKSHEP PROPERTIES A REGISTERED PARTNERSHIP FIRM UNDER THE INDIAN PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT NO. 126, BAGINAGERE, MAGADI TALUK, RAMANAGAR DISTRICT- 562 131. REPRESENTED BY ITS PARTNER SRI. DHANANJAY B.S P …PETITIONER (BY SRI. K N PHANEENDRA., SENIOR COUNSEL FOR SMT. YASHODHAR HEGDE.,ADVOCATE) AND: SURABHI SOUHARDA CREDIT CO-OPERATIVE SOCIETY LIMITED KARNATAKA CO-OPERATIVE SOCIETY ACT, 1979 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER NO. 02, SURABHI SAHAKARI SADAN, 2ND FLOOR, 13TH CROSS, ATTIMABBE ROAD, C.T. BED EXTENSION, BANASHANKARI 2ND STAGE, BENGALURU. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT TO ACCEPT THE TOTAL SALE CONSIDERATION OF RS. 15,00,50,000/- IN RESPECT OF THE AUCTIONED PROPERTIES DESCRIBED HEREIN ABOVE AND EXECUTE THE SALE CERTIFICATE IN FAVOUR OF THE PETITIONER. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22960 WP No. 8184 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "In view of the forgoing, it is most respectfully prayed that this Hon’ble Court may be pleased to: a. Issue an appropriate writ, order or direction in the nature of mandamus directing the respondent to accept the total sale consideration of Rs.15,00,50,000/- in respect of the auctioned properties described herein above and execute the sale certificate in favour of the petitioner. b. Pass any other such order as this Hon’ble Court deems fit and proper in the facts and circumstances of the present case in the interest of justice and equity.” 2. In the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable - 3 - HC-KAR NC: 2026:KHC:22960 WP No. 8184 of 2026 against Surabhi Souharda Credit Co-operative Society Limited, which is a private Bank. 3. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 2 Sl No.: 10