- 1 - HC-KAR NC: 2026:KHC:27203 WP No. 15168 of 2024 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.15168 OF 2024 (CS-RES) BETWEEN: 1. MR. GODFREY CRASTA AGED ABOUT 59 YEARS, S/O LATE JOHN CRASTA R/AT D.NO.30-10, GLENVILLA VILLAGE MALALI CROSS ROAD, BADAGULIPADY, GANJIMAT, MANGALORE-574144. 2. MARIYA S CRASTA W/O GODFREY CRASTA, AGED ABOUT 54 YEARS, R/AT D.NO.3-10, GLENVILLA VILLAGE MALALI CORSS ROAD, BADAGULIPADY, GANJIMAT, MANGALORE-574144. …PETITIONERS [BY SRI. BRIJESH CHANDER GURU, ADVOCATE (V.C.)] AND: 1. PRAGATHI SAHAKARA SANGHA KULASHEKHARA PRAGATHI CO-OP. SOCIETY LTD. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27203 WP No. 15168 of 2024 MANGALORE REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER-575005 REGISTERED SOCIETY UNDER 1961. 2. ASST. REGISTRAR OF CO-OPERATIVE SOCIETY JANATHA BAZAAR BUILDING, 1ST FLOOR, GHS ROAD, HAMPANAKATTA, MANAGALORE-575001. 3. ASSISTANT COMMISSIONER CO OPERATIVE AND RECOVERY OFFICER MANGALORE SUB DIVISION JANATHA BAZAAR BUILDING, 1ST FLOOR, GHS ROAD, HAMPANAKATTA, MANGALORE-575001. 4. SMT. SABEENA KABEER W/O KABEER AHAMMAD AGED MAJOR, R/AT #2-13-1185/3 NAJMANJIL, PALACE GARDEN BIJAI, MANGALORE-575004. …RESPONDENTS (BY SRI. BALAKRISHNA SHASTRY, ADVOCATE FOR R.1; SMT. SPOORTHY V., HCGP., FOR R.2 AND R.3; SRI. MAHAMMAD ANWAR, ADVOCATE FOR R.4.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE POSSESSION LETTER AND FORM NO.10 ISSUED BY THE RESPONDENT NOS.1 TO 3 IN FAVOR OF THE RESPONDENT NO.4 DATED 12.01.2024 AND POSSESSION CERTIFICATE NO.AR36:S3:CEP-387:2022-23 DATED 12.01.2024 AT ANNEXURES-R AND R.1, ETC. - 3 - HC-KAR NC: 2026:KHC:27203 WP No. 15168 of 2024 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 ORAL ORDER 1. The petitioners in the instant writ petition have challenged the issuance of sale certificate and possession certificate pursuance to the sale of the properties by respondent No.2 as there was a default committed in repayment of the loan. 2. It is seen that the petitioners are having an alternative and efficacious remedy under Rule 38 (4) and (5) of the Karnataka Co-operative Societies Rules,1960 and also under Section 106 of the Karnataka Co-operative Societies Act, 1959. 3. As the petitioners are having an alternative and efficacious remedy, the writ petition is hereby dismissed reserving liberty to the petitioners to approach the appropriate authority in the manner known to law. - 4 - HC-KAR NC: 2026:KHC:27203 WP No. 15168 of 2024 However, the respondents are directed not to precipitate the matter against the petitioners for a period of eight weeks from today. 4. If the petitioners were to file an appeal, the authorities concerned shall condone the time spent by the petitioners before this Court in pursuing the writ petition. 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 based upon the pleadings and the evidence let-in before it and without being influenced by any of the observations made herein above. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 46