- 1 - HC-KAR NC: 2026:KHC:32360 WP No. 22860 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.22860 OF 2025 (CS-RES) BETWEEN: 1. SUSHEEL B. BOLAR S/O D.M. BOJARAJ SALIAN AGED ABOUT 53 YEARS RESIDING OF NO.4-276 S.V.TEMPLE BEHIND THOUDU BETTU POST KOTE VILLAGE, KATAPADI UDUPI TALUK UDUPI DISTRICT-576 213. 2. SMT. PREMA S.BOLAR W/O SUSHEEL B.BOLAR AGED ABOUT 47 YEARS RESIDING OF NO.4-278 S.V.TEMPEL BEHIND THOUDU BETTU POST KOTE VILLAGE, KATAPADI UDUPI TALUK UDUPI DISTRICT-576 213. …PETITIONERS (BY SRI. HARISH M.G., ADVOCATE) AND: 1. THE MANAGER DISTRICT CENTRAL CO-OPERATIVE BANK LTD., K.C.S.R.441, MANGALORE DISTRICT MANGALORE-575 003. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32360 WP No. 22860 of 2025 2. THE RECOVERY OFFICER DISTRICT CENTRAL CO-OPERATIVE BANK LTD., K.C.S.R.441, MANGALORE DISTRICT MANGALORE-575 003. …RESPONDENTS (R1 SERVED AND UNREPRESENTED) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANKER TO STOP ALL FURTHER PROCESS OF AUCTION SALE NOTICE DATED 19-06-2025 PRODUCED ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR ORDERS, 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 petitioners have challenged the auction sale notice issued by respondent no.2 in respect of default committed in repayment of loan. 2. This Court, on 30.07.2025 had passed the following interim order: "Issue emergent notice to the respondents. The auction of the residential property in Sy.No.7/15 of Kote village, Udupi Taluk, Udupi District - 3 - HC-KAR NC: 2026:KHC:32360 WP No. 22860 of 2025 scheduled today at 11.00 a.m. is stayed subject to the condition that the petitioner shall deposit 50% of amount due with the respondent No.1 within a period of four weeks from today. It is made clear that any amount deposited by the petitioner shall be subject to the outcome of this writ petition. It is also made clear that if the petitioner fails to deposit the amount as stated above, the respondent Nos.1 and 2 are at liberty to proceed in accordance with law." 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. Hence, the following: ORDER (i) The writ petition is hereby dismissed reserving the liberty to the petitioners to approach the appropriate appellate authority in the manner known to law; (ii) If the petitioners prefer an appeal, they will be entitled to the benefit of Section 14 of the Limitation Act, 1963; - 4 - HC-KAR NC: 2026:KHC:32360 WP No. 22860 of 2025 (iii) The interim order passed by this Court on 30.07.2025 will continue 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 it is for the appellate authority to decide the matter in accordance with law; (v) Registry is directed to return back the original/certified copy of the documents to the petitioners after retaining photocopies of the same. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 19