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2026 DAILYLAW 20498 (KAR)

SRI C S SATHISH v. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES

WP/4752/2025 · 2026-06-08

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:27209 WP No. 4752 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.4752 OF 2025 (CS-RES) BETWEEN: 1. SRI C.S. SATHISH S/O LATE C.N. SINGREGOWDA, AGED ABOUT 55 YEARS, R/O NO. 3636/2, HOUSE NO.3486/2, BEGUR ROAD, CHANNARAYAPATNA TOWN, HASSAN DISTRICT - 571 116. …PETITIONER (BY SRI. H.P. GANGESH GOWDA, ADVOCATE) AND: 1. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (HOUSING AND OTHERS) OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BANGALORE-560052. 2. THE KARNATAKA STATE HOUSING CO-OPERATIVE FEDERATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, NO.3, S. KARIYAPPA ROAD, BASAVANAGUDI, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27209 WP No. 4752 of 2025 BANGALORE-560004. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HASSAN SUB-DIVISION, HASSAN - 573 201. 4. THE SECRETARY CHANNARAYAPATNA HOUSING CO-OPERATIVE SOCIETY, CHANNARAYAPATNA - 571 116. …RESPONDENTS (BY SRI. SMT. SPOORTHI, HCGP., FOR R.1 AND R.3; SRI. K. ANANDA, ADVOCATE FOR R.2; R.4: SERVED BUT UNREPRESENTED.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE OF ATTACHMENT DATED 13.08.2024 ISSUED BY THE RESPONDENT NO.3 FOR ATTACHMENT OF HOUSE PROPERTY OF THE PETITIONER, AT ANNEXURE-A; 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:27209 WP No. 4752 of 2025 ORAL ORDER 1. The petitioner, in the instant writ petition, has challenged the attachment order dated 13.08.2024 issued by respondent No.3 pursuant to the award passed, and also the award at Annexure-'B' to the writ petition. 2. It is seen that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. However, this Court by its order dated 18.02.2025, passed the following order:- "Learned AGA accepts notice for respondent Nos.1 and 3 Learned counsel for the petitioners to serve the petition papers on learned counsel appearing for the respondents. Issue emergent notice to respondent Nos.2 and 4. The order of attachment dated 13.08.2024 in EP No.1/2024-25 is stayed till the next date of hearing - 4 - HC-KAR NC: 2026:KHC:27209 WP No. 4752 of 2025 subject to deposit Rs.1,00,000/-(one lakh) before respondent No.4 within a period of four weeks from today(18.02.2025). It is made clear that failure to deposit the amount as indicated above, the interim order stands automatically vacated." 3. The petitioner submits that, pursuant to the interim order he has deposited a sum of Rs.1,00,000/- and within four weeks he would pay the entire balance amount, which is due as on today. 4. As the petitioner is having an alternative and efficacious remedy, the writ petition is hereby dismissed reserving liberty to the petitioner to approach the Appellate Authority in the manner known to law. However, the respondents are restrained from initiating coercive steps against the petitioner for a period of eight weeks from today. In the event, the petitioner pays the entire balance amount that is due as on the date of payment, the respondents shall not initiate any action against the - 5 - HC-KAR NC: 2026:KHC:27209 WP No. 4752 of 2025 petitioner and treat the loan as closed. If the petitioner were to prefer any appeal, then in that event, the time spent by the petitioner pursuing the present writ petition shall be condoned. 5. It is hereby made clear that no opinion is expressed on the merits of the case and the Appellate Authority shall decide the appeal if filed in accordance with law based on the pleadings and evidence let-in before it. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 67