- 1 - HC-KAR NC: 2026:KHC:26797 WP No. 34456 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.34456 OF 2024 (CS-RES) BETWEEN: 1. RAMA POOJARY S/O LATE BEDU POOJARY, AGED ABOUT 75 YEARS, RESIDING AT LAKKOLI MANE, SHANKARA NARAYANA VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576227. 2. ANANDA POOJARY, S/O RAMA POOJARY, AGED ABOUT 49 YEARS, RESIDING AT LAKKOLI MANE, SHANKARA NARAYANA VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576227. 3. SRINIVASA POOJARY, S/O BASAVA POOJARY, AGED ABOUT 42 YEARS, RESIDING AT BACHALUGUNDI MANE, MACHATTU VILLAGE, HANCHIKATTE POST, KUNDAPURA TALUK, UDUPI DISTRICT-576227. …PETITIONERS (BY SRI. HARSHA KUMAR GOWDA H R., ADVOCATE) Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26797 WP No. 34456 of 2024 AND: 1. SAGAR CREDIT CO-OPERATIVE SOCIETY LTD. BYNDOOR, KUNDAPURA BRANCH, UDUPI DISTRICT-576227 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (ESTABLISHED UNDER CO-OPERATIVE SOCIETIES ACT). 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UDUPI, UDUPI DISTRICT-574118. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER, KUNDAPURA SUB-DIVISION, KUNDAPURA TALUK, UDUPI DISTRICT-576201. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA., FOR R.2 AND R.3; R.1: SERVED.) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTICE DATED NIL OF THE SCHEDULE PROPERTY WHICH IS SCHEDULED TO BE HELD ON 19.12.2024, ISSUED BY THE RESPONDENT NO.3 IN CASE NO.155/2013-14 AND AMALDAR NO.60/2016-17 PRODUCED AT ANNEXURE-C, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:26797 WP No. 34456 of 2024 ORAL ORDER 1. The petitioners have challenged the auction notice issued by respondent No.3 pursuant to the award passed against the petitioners for committing default in re-payment of the loan to respondent No.1- Bank. The petitioners have not challenged the said award. 2. It is seen that the petitioners are having an alternative and efficacious remedy under Section 105 of the Karnataka Co-operative Societies Act, 1959. 3. For the aforementioned reasons, the writ petition stands dismissed reserving liberty to the petitioners to approach the appropriate Authority in the manner known to law. 4. The time spent by the petitioners in pursuing the instant writ petition shall be condoned by the Appellate Authority, if an application for condonation of delay is made by the petitioners while preferring the appeal. - 4 - HC-KAR NC: 2026:KHC:26797 WP No. 34456 of 2024 5. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 50