- 1 - HC-KAR NC: 2026:KHC:26520 WP No. 8515 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 8515 OF 2023(CS-RES) BETWEEN: 1. M. KUMBAIAH S/O MARA HANUMANIAH, AGED ABOUT 68 YEARS, 2. B. K. NAVEEN RAJ S/O. M. KUMABAIAH, AGED ABOUT 30 YEARS, 3. B.K. NANDINI D/O M. KUMBAIAH, AGED ABOUT 28 YEARS, ALL R/O NO.311, 2ND BLOCK, 3RD STAGE, 5TH MAIN ROAD, BASAVESHWARANAGAR, BANGALORE - 560 079. …PETITIONERS (BY SRI. HANUMANTHAPPA A., ADVOCATE) AND: 1. THE JOINT REGISTRAR OF KARNATAKA STATE CO-OPERATIVE SOCIETIES (RULE 441), OF KARNATAKA STATE CO-OPERATIVE UNDER BANK FEDERATION, NO.132, 2ND FLOOR, K.H.ROAD, BANGALORE - 560027. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26520 WP No. 8515 of 2023 2. THE MYSORE SILK CLOTHS MERCHANT CO-OPERATIVE BANK, REP. BY ITS CHIEF EXECUTIVE OFFICER, NO.6, HOSPITAL ROAD, BENGALURU - 560 053. 3. SRI. NEETHAN PUBBATHI VENKATESH, S/O. P.S. VENKATESH, AGED ABOUT 37 YEARS, R/O NO.53 (OLD NO.1110), RAMAMANDIRA ROAD, N.R. EXTENSION, CHINATHAMANI - 563125. CHIKKABALLAPURA DISTRICT. …RESPONDENTS (BY SRI. YOGESH. D. NAIK, AGA FOR R1; SRI. H.V. SHIVAKUMAR, ADVOCATE FOR R2; V/O DATED 13.06.2025 NOTICE TO R3 IS HELD COMPLETE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE 1ST RESPONDENT IN DISPUTE NO.J.R.D/U.B.F/457/2017-18, SET ASIDE ORDER DATED 26.02.2019 IN DISPUTE NO. J.R.D/U.B.F/457/2017-18 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:26520 WP No. 8515 of 2023 ORAL ORDER None appears for the petitioners. 2. It is seen from the records that respondent No.2 - Co-operative Bank initiated proceedings against the petitioners for a default committed in respect of repayment of a loan. The petitioners have suffered an order at the hands of respondent No.1. An award has been passed and a sale notice in respect of the said property has been issued. The same has been challenged before this Court. 3. Learned counsels for respondents No.1 and 2 together submit that the petitioners are having an alternative and efficacious remedy under Section 105 of the Karnataka Co-operative Societies Act, 1959. 4. As the petitioners are having an alternative remedy, the Writ Petition stands dismissed reserving the liberty to the petitioners to approach the appropriate authority in the manner known to law. If the petitioners - 4 - HC-KAR NC: 2026:KHC:26520 WP No. 8515 of 2023 were to approach the authority, the time spent by the petitioners before this Court in the writ petition shall be considered while deciding on an application for condonation of delay, if filed by the petitioners. Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 29