- 1 - HC-KAR NC: 2026:KHC:31444 WP No. 5637 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 5637 OF 2023 (CS-RES) BETWEEN: 1. SMT. SIDDAMMA W/O LATE B.S.KRISHNAPPA AGED 55 YEARS R/AT BUGUDANAHALLI VILLAGE BUGUDANAHALLI POST TUMKUR TALUK TUMKUR-572 107. …PETITIONER (BY SRI. HANUMANTHARAYAPPA K., ADVOCATE [ABSENT]) AND: 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES TUMKUR SUB DVN TUMKUR-572 107. 2. THE CHIEF EXECUTIVE OFFICER PRIMARY KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA BUGUDANAHALLI BELLAVI HOBLI TUMKUR TALUK-572 107. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31444 WP No. 5637 of 2023 3. SRI. B.T. SHIVAKUMAR EX-CHIEF EXECUTIVE PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA BUGUDANAHALLI TUMKUR TALUK-572 107. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1; SRI. M.S.RUDRAIAH, ADVOCATE FOR R2; R3 - SERVED AND UNREPRESENTED) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE ORDER OF ATTACHMENT DATED: 10.08.2015 IN CASE NO.1/2015-16 AS PER ANNEXURE-E AND ALSO THE FINAL ORDER DATED 21.02.2023 AS PER ANNEXURE-A PASSED IN CASE NO.1/2015-16, AS CONTAINED IN RESPECTIVELY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31444 WP No. 5637 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Learned counsel for the petitioner is absent. 2. The petitioner has challenged the recovery proceedings initiated under the provisions of Karnataka Co-operative Societies Act, 1959 (for short 'the Act'). 3. It is seen that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Act. 4. However, this Court by its order dated 29.03.2023 had passed the following order: "1. Learned AGA accepts notice for respondent No.1. Issue notice to respondents No.2 and 3 returnable by 19.04.2023. 2. The contention of the petitioner is that the petitioner is only a guarantor to an extent of Rs.15 lakhs. He submits that he is ready to make payment of Rs. Five lakhs on or before 12.04.2023, further amount of Rs.Five lakhs - 4 - HC-KAR NC: 2026:KHC:31444 WP No. 5637 of 2023 by 13.05.2023 and balance would be paid by 24.05.2023. 3. In view of the said submission, the operation of the Sale Notice in form No.9 dated 21.02.2023 at Annexure-A is stayed till next date of hearing. 4. Relist on 19.04.2023. 5. Respondents shall act on the uploaded copy of this order without insisting on a certified copy of the order." 5. As the petitioner is having an alternative and efficacious remedy, the writ petition is liable to the dismissed. 6. Hence, the following: ORDER (i) The writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appropriate appellate authority in the manner known to law; - 5 - HC-KAR NC: 2026:KHC:31444 WP No. 5637 of 2023 (ii) If the petitioner prefers an appeal, he will be entitled to the benefit of Section 14 of the Limitation Act, 1963; (iii) The interim order passed by this Court on 29.03.2023 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. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 46