- 1 - HC-KAR NC: 2026:KHC:28799 WP No. 15711 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.15711 OF 2026 (CS-RES) BETWEEN: 1. MR. PRAVEEN PALAN S/O RAGHAV PALAN AGED ABOUT 52 YEARS RESIDING AT DOOR NO.2-201 MOODUKUDRU, HOIGE THOTA KALYANPURA POST, MOODU THONSE VILLAGE UDUPI-576 114. …PETITIONER (BY SRI. AJITH A SHETTY, ADVOCATE (ABSENT)] AND: 1. STATE OF KARNATAKA BY THE DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE-560 001 BY ITS PRINCIPAL SECRETARY. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KUNDAPURA SUB-DIVISION VASUKI TOWER, NEXT TO VISHWAS COMMERCIAL BUILDING, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28799 WP No. 15711 of 2026 NEAR TALUK OFFICE, OPPOSITE DISTRICT COURT, UDUPI-576101. 3. BADAGUBETTU CREDIT CO-OPERATIVE SOCIETY LIMITED CHETHAN BUILDING, MISSION COMPOUND UDUPI-576 101 BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS [BY SRI. YOGESH D. NAIK, AGA., FOR R.1 AND R.2; SRI. MAHESH R. UPPIN, ADVOCATE FOR R.3 (ABSENT)] THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED POSSESSION NOTICE DATED 11.05.2026 BEARING REFERENCE NO.005/EXECUTION-JAPTI/2026-27 ISSUED BY THE RESPONDENT NO.3-SOCIETY, AS PER ANNEXURE-B, IN SO FAR PETITIONERS CONCERN ONLY, 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:28799 WP No. 15711 of 2026 ORAL ORDER 1. Learned counsel for the petitioner as well as learned counsel for respondent No.3 are absent. 2. The petitioner has challenged the recovery proceedings initiated by respondent No.3 - Society against him for default committed in repayment of a loan. 3. On 29.05.2026, this Court passed the following order:- "Learned counsel for the petitioner has filed an undertaking affidavit before this Court stating that the petitioner is ready to pay the balance amount of Rs.82,00,000/- in 4 equal instalments within a period of 60 days from today i.e. 29.05.2026. Considering the fact that the petitioner is ready to pay the amount of Rs.82,00,000/- there shall be stay of all further proceedings pursuant to the notice dated 11.05.2026. The petitioner shall pay the amount by 29.07.2026. Notice to respondents. In addition, petitioner shall take out hand summons on respondent No.3." 4. It is seen that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of Karnataka Co-operative Societies Act, 1959. - 4 - HC-KAR NC: 2026:KHC:28799 WP No. 15711 of 2026 5. For the aforementioned reasons, the writ petition stands dismissed reserving liberty to the petitioner to approach the appropriate authority in the manner known to law. However, the interim order granted on 29.05.2026 shall continue to be in force for a further period of four weeks from today. 4. The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if he were to file an appeal. 5. 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 matter on the basis of the pleadings and the evidence let-in before it. 6. The Registry is directed to return the original documents /certified copies produced by the petitioner at the time of filing of the petition and upon due verification. Sd/- (M.I.ARUN) JUDGE VMB, List No.: 1 Sl No.: 65