- 1 - HC-KAR NC: 2026:KHC:29231 WP No. 24505 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.24505 OF 2024 (CS-RES) BETWEEN: 1. HARISH RAJ A S/O LATE YOGISH KUMAR AGED 44 YEARS RESDING AT NO.3-16/11 SAGA ROAD, YEYYADI MANGALURU - 575 008. 2. ARPITHA K. W/O. HARISH RAJ A. AGED 39 YEARS RESIDING AT NO.3-16/11 SAGA ROAD, YEYYADI MANGALURU - 575 008. …PETITIONERS (BY SRI. KESHAVA BHAT A., ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND EX-OFFICIO RECOVERY OFFICER MANGALORE SUB-DIVISION CENTRAL CO-OPERATIVE BANK BUILDING K.S. RAO ROAD, KODIYALBAIL MANGALORE - 575 003 D.K. DISTRICT. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29231 WP No. 24505 of 2024 2. ATHMASHAKTHI MULTIPURPOSE CO-OP SOCIETY LTD. ATHMASHAKTHI SOUDHA N.H.73, BYRADIKERE PADIL, MANGALURU-575 007 D.K. DISTRICT REPRSENTED BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER CO-OPP. SOCIETY ACT, 1959. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA., FOR R.1; SRI. JITHIN JEIJO, ADVOCATE FOR R.2.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, SET ASIDE THE SALE NOTICE DATED 25.07.2024 IN DISPUTE NO.44/2019-20 C.E.P.NO.53/2020-21 ISSUED BY THE RESPONDENT NO.1-ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER MANGALURU SUB-DIVISION (ANNEXURE-A), IN SO FAR AS PETITIONERS ARE CONCERNED, 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:29231 WP No. 24505 of 2024 ORAL ORDER 1. The petitioners have challenged the recovery proceedings initiated at the behest of second respondent - Society for recovery of the loan amount advanced. 2. On 04.09.2024, this Court passed the following order:- "Learned AGA accepts notice for respondent no.1 Issue emergent notice to respondent no.2 returnable by 30.09.2024. In the meanwhile, respondents are permitted to proceed with the auction scheduled to be conducted on 6.9.2024. However, the auction scheduled shall not be confirmed till the next date of hearing subject to the petitioner depositing Rs.15,00,000/- on or before 29.9.2024. Hand delivery of this order is permitted." 3. The petitioners submits that amount as ordered by this Court has been deposited. However, 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. Hence, the following:- - 4 - HC-KAR NC: 2026:KHC:29231 WP No. 24505 of 2024 ORDER i. The writ petition is hereby dismissed reserving liberty to the petitioners to approach the appropriate authority in the manner known to law. ii. The petitioners shall be entitled to the benefit of Section 14 of the Limitation Act, 1963. iii. The interim order granted on 04.09.2024 shall operate for a further period of four weeks from today. iv. It is hereby made clear that no opinion is expressed on the merits of the case and appellate authority shall consider the appeal if any, filed by the petitioners in accordance with law. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 41