SMT JAYA POOJARTHI v. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND THE RECOVERY OFFICER
WP/79/2024 · 2026-06-04
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20014 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20014 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26516 WP No. 79 of 2024 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. 79 OF 2024 (CS-RES) BETWEEN:
SMT. JAYA POOJARTHI W/O NARASIMHA POOJARI, AGED ABOUT 50 YEARS, INDIRANAGAR, VARAMBALLI 5 CENTS, BRAHMAVARA, BRAHMAVARA TALUK, UDUPI DIST.- 576213. …PETITIONER (BY SRI. MAHESH KIRAN SHETTY, ADVOCATE) AND:
1.
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND THE RECOVERY OFFICER, KUNDAPUARA SUB-DIVISION, KUNDAPURA, UDUPI DISTRICT - 576201.
2.
THE CHIEF EXECUTIVE OFFICER, THE UDUPI DISTRICT TAPPERS COOPERATIVE FEDERATION, BRAHMAVARA, BRAHMAVARA TALUK, UDUPI DISTRICT - 576213. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1;
SMT. NARTHANA G. V., ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:26516 WP No. 79 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE NOTICE ISSUED IN EXECUTION CASE NO.130/2020-21 DATED 20/11/2023 BY THE RESPONDENT NO.1 VIDE ANNEXURE-A INSOFAR AS PETITIONER IS CONCERNED.
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 ORAL ORDER The petitioner has challenged the Sale Notice dated 20.11.2023 issued by respondent No.1 in pursuance of an award passed against the petitioner for committing default in repayment of a loan.
2. It is submitted by the learned counsel for respondent No.2 that, sale has not taken place pursuant to the notice. It is further submitted that petitioner is also having an alternative and efficacious remedy under Section 105 of the Karnataka Co-operative Societies Act,
1959.
3. As the sale has not taken place pursuant to the sale notice, the writ petition is hereby dismissed as
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HC-KAR NC: 2026:KHC:26516 WP No. 79 of 2024 having become infructuous. It is needless to state that, the petitioner is always having the liberty to challenge the award in the manner known to law. Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 53