- 1 - HC-KAR NC: 2026:KHC:28606 WP No. 2259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 2259 OF 2025 (CS-RES) BETWEEN: 1. YERMAL VARADARAJ SHENOY AGED ABOUT 72 YEAERS S/O Y.G. SHENOY R/A NO.B104, BLOCK B FIRST FLOOR, SUVIDHA HOMES PAHSE 2 UDUPI DISTRICT, KARNATAKA - 576 104. 2. RAKESH ESHWAR BANGERA AGED ABOUT 44 YEARS S/O ESHWAR A BANGERA R/AT NO.C109 BLOCK C FIRST FLOOR, SUVIDHA HOMES PAHSE 2 UDUPI DISTRICT, KARNATAKA - 576 104. 3. SWAPNA SHASHIKANT PATIL AGED ABOUT 71 YEARS W/O SHASHIKANT N. PATIL R/A NO.B105, BLOCK B FIRST FLOOR, SUVIDHA HOMES PHASE 2 UDUPI DISTRICT, KARNATAKA - 576 104. …PETITIONERS (BY SMT. TEJASWINI PRASAD, ADVOCATE APPEARING FOR SRI. PRAVEENKUMAR HIREMATH, ADVOCATE) Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28606 WP No. 2259 of 2025 AND: 1. ASSISTANT REGISTRAR OF CO-OPEARATIVE SOCIETIES KUNDAPURA (TMC) - WARD NO.8 KUNDAPURA, TOWN MUNICIPAL COUNCIL KARNATAKA - 576 201. 2. THE BHATKAL URBAN CO-OPERATIVE BANK LIMITED P.B. NO.15, 66/1 MAIN ROAD BHATKAL - 581 320 REP. BY ITS MANAGER. 3. SERENE ISLES RECREATION PRIVATE LIMITED VEERA HANUMAN MARG CHITPADY P.B. NO.27 UDUPI - 576 101 REPRESENTED BY ITS MANAGING DIRECTOR VEENA GOPALAKRISHNA NAYAK (REG. UNDER COMPANIES ACT 2013) 4. SRI. P. GOPALAKRISHNA NAYAK HANUMAN COMPOUND VEERA HANUMAN MARG CHITAPADI, UDUPI DISTRICT - 576 101. 5. SRI. VILAS GOPALAKRISHNA NAYAK HANUMAN COMPOUND VEERA HANUMAN MARG CHITAPADI, UDUPI DISTRICT - 576 101. 6. SMT. NAGARATHNA VILAS NAYAK HANUMAN COMPOUND VEERA HANUMAN MARG - 3 - HC-KAR NC: 2026:KHC:28606 WP No. 2259 of 2025 CHITAPADI, UDUPIN DISTRICT - 576 101. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1; SRI. DR. B.B. BALLARI, ADVOCATE FOR R2; R3 TO R6 ARE SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE SALE NOTICE NUMBER JRD/UBF/HUBLI/1438/22/23 CIP NO. 02/2024/25 DATED 16.12.2024 PRODUCED AS ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioners have challenged the auction notice and the recovery proceedings initiated by respondent No.2 - Bank for recovery of the loan amounts due from them. The writ petition is filed with the following prayers: "i. Calls for the entire records leading to passing of Sale Notice number JRD/UBF/HUBLI/1438/22/23 CIP NO 02/2024/25 dated 16.12.2024 produced as ANNEXURE-A. - 4 - HC-KAR NC: 2026:KHC:28606 WP No. 2259 of 2025 ii. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the Sale Notice number JRD/UBF/HUBLI/1438/22/23 CIP NO 02/2024/25 dated 16.12.2024 produced as ANNEXURE-A. iii. To direct the Respondent No.1 to 6 to pay adequate compensation to the petitioners for their unneeded sufferings and agony due to the auctioning off the properties. iv. Issue any such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper considering the circumstances of the case in the interest of justice." 2. On 28.01.2025, this Court passed the following order: "Learned AGA accepts notice for respondent No.1. Issue emergent notice to respondent Nos.2 to 6, returnable by 18.02.2025. Counsel for the petitioners submits that petitioner is the owner of the petition property and without any mortgage made by the petitioners, the order of attachment is passed in respect of his property. In the circumstances, there shall be a stay of the implementation / execution of the sale notice dated - 5 - HC-KAR NC: 2026:KHC:28606 WP No. 2259 of 2025 16.12.2024 at Annexure-A till the next date of hearing. Hand delivery is permitted." 3. It is seen that the petitioners are having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. 4. For the aforementioned reasons, the Writ petition is hereby dismissed, reserving liberty to the petitioners to approach the Appellate Authority in the manner known to law. 5. However, the respondents are directed not to precipitate the matter against the petitioners for a period of four(04) weeks from today. It is hereby made clear that no opinion is expressed on the merits of the case and if an appeal were to be filed, the Appellate Authority shall decide the same in the manner known to law, without being influenced by any of the observations made herein above. - 6 - HC-KAR NC: 2026:KHC:28606 WP No. 2259 of 2025 6. The petitioners shall also be entitled to the benefit of Section 14 of the Limitation Act, 1963, if any appeal were to be filed by them. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 35