- 1 - HC-KAR NC: 2026:KHC:31814 WP No. 19305 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.19305 OF 2026 (CS-RES) BETWEEN: 1. MR. YUVARAJA BHANDARY S/O OBAYYA BHANDARY, AGED 50 YEARS, WORKING AS CONDUCTOR, K S R T C., DARMASTHALA DEPOT PUTTUR, RESIDING AT IDDYALA HOUSE, NAVOOR VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574 214. 2. MR. KRISHNAPPA BHANDARY S/O LATE OBAYYA BHANDARY, AGED ABOUT 74 YEARS, RESIDING AT #7-104, "JANANI", NEAR KUTHYARU TEMPLE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214. …PETITIONERS (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31814 WP No. 19305 of 2026 M S BUILDING, BENGALURU - 560 001. 2. M/S MARGADARSHI CHITS (KARNATAKA ) PVT LTD REPRESENTED BY ITS MANAGER, HAVING ITS BRANCH OFFICE AT DOOR NO.19/10/512/20 AND 21 1ST FLOOR, PARADIGM PLAZA, HAMPANKATTA, NEAR A B SHETTY CIRCLE, MANGALURU DAKSHINA KANNADA DISTRICT - 575 001. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND CHITS DAKSHINA KANNADA DISTRICT, HAVING ITS OFFICE AT JANATHA BAZAR BUILDING, 1ST FLOOR, GANAPATHI HIGH SCHOOL ROAD, MANGALURU DAKSHINA KANNADA DISTRICT-575 001. 4. MR. PRAVEEN BHANDARY S/O B K KRISHNAPPA BHANDARY, AGED ABOUT 49 YEARS, RESIDING AT #7-104, KUTHYA TEMPLE, "JANANI NIVASA", BELTHANGADY DAKSHINA KANNADA - 574 214. 5. MR N USMAN S/O ABBONU BEARY AGED ABOUT 56 YEARS, RESIDING AT P-1-166/4 RIFAYEE MANZIL, KUDRENJA PADANGADY POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574 217. 6. MR PRADEEP BHANDARY S/O KRISHNAPPA BHANDARY AGED MAJOR, - 3 - HC-KAR NC: 2026:KHC:31814 WP No. 19305 of 2026 RESIDING AT #7-104, KUTHYAR TEMPLE, "JANANI NIVASA", BELTHANGADY DAKSHINA KANNADA - 574 214. 7. MR RAJESH N AGED MAJOR, BELTHANGADY TALUK DAKSHINA KANNADA - 574 214. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP., FOR R.1 AND R.3; NOTICE TO R.2, R.4 TO R.7 ARE DISPENSED WITH VIDE COURT ORDER DATED 25.06.2026.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE TWO SEPARATE, INDEPENDENT PROCLAMATIONS OF SALE DATED 28.04.2026 ALONG WITH THEIR CONNECTED INDEPENDENT ASSET INVENTORY SCHEDULES DATED 30.04.2026, ISSUED SEPARATELY AGAINST PETITIONER NO.1 VIDE ANNEXURES A AND A1 AND PETITIONER NO.2 VIDE ANNEXURES B AND B1 IN EXECUTION CASE NO.EX.C/142/2018 BY THE HON'BLE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DAKSHINA KANNADA, ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:31814 WP No. 19305 of 2026 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioners have challenged the recovery proceedings initiated at the behest of respondent no.2-Society. 2. As the petitioners are having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959, the writ petition is not maintainable. 3. It is the case of the petitioners that they are strangers to the contract entered into between the second respondent and the borrower, and the property sought to be brought to sale belongs to them and they have not mortgaged the same. Then in that event, the lis involves disputed questions of fact, which this Court cannot decide in exercise of its power under Article 226 of the Constitution of India. The petitioners are at liberty to work out their remedies before the appropriate forum. 4. For the aforementioned reasons, the writ petition is hereby dismissed reserving liberty to the petitioners to work - 5 - HC-KAR NC: 2026:KHC:31814 WP No. 19305 of 2026 out their remedies before the appropriate forum in the manner known to law. SD/- (M.I.ARUN) JUDGE VMB List No.: 3 Sl No.: 1