- 1 - HC-KAR NC: 2026:KHC:29656 WP No. 32423 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 32423 OF 2025 (CS-RES) BETWEEN: 1. SMT. TULASI W/O LATE RAJU, AGED ABOUT 56 YEARS RESIDING AT NO.38, CORPORATION QUARTERS,. MURPHY TOWN ROAD, BANGALORE-560 008. 2. SRI. BALA S/O LATE RAJU, AGED ABOUT 49 YEARS, RESIDING AT NO. 38, CORPORATION QUARTERS. MURPHY TOWN ROAD, BANGALORE-560 008. …PETITIONERS (BY SRI.KIRAN KUMAR.P., ADVOCATE (ABSENT)) AND: 1. UNNATHI CREDIT CO-OPERATIVE SOCIETY LTD. REP. BY ITS SECRETARY, NO.7/3, 3013, 2ND MAIN ROAD, MAHAKAVI KUVEMPU ROAD, "C" BLOCK, GAYATHRI NAGAR, MARIYAPPANA PALYA, BANGLAORE-560 021. REGISTERED UNDER SOCIETY REGISTRATION ACT, 1956. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29656 WP No. 32423 of 2025 2. THE RECOVERY OFFICER AND ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, ZONE NO.1, BANGALORE CITY NO. 146, 1ST FLOOR, 3RD MAIN ROAD, 8TH CROSS ROAD, MALLESHWARAM, BANGALORE-560 003. 3. SWAPNA P W/O ANAND AGED MAJOR OCC: ANGANWADI TEACHER R/AT CORPORATION COLONY, MURPHY TOWN, HALSOOR POST, BANGALORE-560008. …RESPONDENTS (BY SRI.YOGESH D. NAIK., AGA FOR R1 AND R2;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR DIRECTION, DECLARING THE RESPONDENTS ACTION IN CONDUCTING, AUCTION SALE OF THE SCHEDULE PROPERTY IN FAVOUR OF SWAPNA.P W/O ANAND I.E., RESPONDENT NO.3 VIDE ANNEXURE N DATED 03.11.2025, BEARING NO.KRA.SUM.AR-44/CEP/07/2025-26 AS ILLEGAL, NULL, AND VOID, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:29656 WP No. 32423 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The learned counsel for the petitioners is absent. 2. The petitioners have challenged the recovery proceedings initiated under the provisions of the Karnataka Co-operative Societies Act, 1959 for recovery of the loan advanced to them. The writ petition is filed with the following prayers: "i) issue a Writ or direction, declaring the Respondents action in conducting, auction sale of the schedule property in favour of Swapna.P w/o Anand i.e., Respondent No.3 vide ANNEXURE N dated 03.11.2025, bearing No.Kra.Sum.AR- 44/CEP/07/2025-26 as illegal, null, and void, in the interest of justice and equity; ii) Issue a Writ of Certiorari, quashing the Distraint Warrant dated 08.07.2025 bearing No. ARB- 44/CEP/07/2025-26, the Demand Notice dated 11.08.2025 bearing No. AR-44/CEP/07/2025-26, the Sale Notice dated 09.09.2025 bearing No.AR- 44/CEP/07/2025-26, and the Public Auction Notice dated 09.09.2025 bearing No.AR-44/CEP/07/2025-26 - 4 - HC-KAR NC: 2026:KHC:29656 WP No. 32423 of 2025 issued by the Respondents in connection with Case No.UBC/3/DIS/2118/2022-23 vide ANNEXURE L to L3. iii) Issue a Writ, Order, or direction, permitting the Petitioners to repay the outstanding mortgage loan in monthly instalments of Rs.15,000/- towards the principal amount, with simple interest at the rate of 6% per annum from the date of orders of this Hon'ble Court; iv) Pass any other appropriate order or direction deems fit under the facts and circumstances of the case including awarding of costs; in the interest of justice and equity." 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. It is hereby made clear that no opinion is expressed on the merits of the case and if an appeal were - 5 - HC-KAR NC: 2026:KHC:29656 WP No. 32423 of 2025 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. The petitioners shall also be entitled to the benefit of Section 14 of the Limitation Act, if any appeal were to be filed by them. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 56