- 1 - HC-KAR NC: 2026:KHC:27813 WP No. 26496 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 26496 OF 2025 (CS-RES) BETWEEN: 1. SMT. ASHA S SALIYAN W/O MR. SURSH PUTHRAN AGED ABOUT 51 YEARS HOUSE NO.1-24, AKSHYA NILAYA KUNTABETTU, BELMANU KARAKALA TALUKL-576 111 …PETITIONER (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETY VIDHANA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU 560 001 REPRESENTED BY CHIEF EXECUTIVE 2. THE RECOVERY OFFICER (NI 441) AND ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY KA.RA.SOW.SOW.SUM.SA.NI BENGALURU 560 001 REPRESENTED BY THE ASSISTANT RIGISTRAR Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27813 WP No. 26496 of 2025 3. SHRI MOOKAMBIKA VIVIDODDESHA SOWHARDA SAHAKARI SANGHA (N) KUNDAPURA JULIE-YO RESIDENCY GROUND FLOOR, ANKADA KATTE N.H.66, HANGALURU-576 217 KUNDAPURA DISTRICT REPRESENTED BY BRANCH MANAGER REGISTERED UNDER CO-OPERATIVE SOCIETY ACT 4. MR. LATHISH KANCHAN S/O MR. SHEKAR KANCHAN AGED ABOUT 40 YEARS BEHIND KRISHNA MANDIR BAILAKLERE, MALPE-576 108 UDUPI TALUK 5. MR.RAGHAVENDRA KANCHAN W/O MR. SHEKAR KANCHAN AGED ABOUT 42 YEARS HOUSE WIFE BEHIND KRISHNA MANDIR BAILAKERE, MALPE UDUPI TALUK-576 108 …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1 & R2; SRI. PRADEEP NAIK K., ADVOCATE FOR R3; VIDE ORDER DATED 02.09.2025 NOTICE TO R4 & R5 IS DISPENSED WITH) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTICE IN FORM NOS.8 AND 9 DATED 9.07.2025 IN EXECUTION PETITION NO.KA.RA.SOW.SUM.SA.NI/SA.SUM.SA. - 3 - HC-KAR NC: 2026:KHC:27813 WP No. 26496 of 2025 NI/VA, AA/424/2024-25 FOR THE AUCTION TO BE HELD ON 8.09.2025 ISSUED BY RESPONDENT NO.2 [ANNEXURES-A AND B] AND 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 ORAL ORDER 1. The petitioner has challenged the auction notice issued in furtherance of the award passed in respect of a default committed in repayment of a loan. 2. Learned AGA upon instructions, submits that, the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. 3. As the petitioner is having an alternative and efficacious remedy, the petition stands dismissed reserving the liberty to the petitioner to avail the alternative remedy in accordance with law. - 4 - HC-KAR NC: 2026:KHC:27813 WP No. 26496 of 2025 If the petitioner were to prefer an appeal, the appellate authority shall condone the delay equivalent to the time spent by the petitioner in pursuing the instant writ petition. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 52