- 1 - HC-KAR NC: 2026:KHC:34785 WP No. 34950 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 34950 OF 2024 (CS-RES) BETWEEN: CHANNAKESHAVA MURTHY K.H. S/O LATE SIDLAPPA K. AGED ABOUT 71 YEARS OCCUPATION- RETIRED RESIDING AT 2ND MAIN 4TH CROSS, VIJANAGARA BADAVANE HARIHARA, DAVANGERE - 577 601. …PETITIONER (BY SRI PRATHITH H.S., ADVOCATE FOR SRI CHETAN JADHAV., ADVOCATE) AND: 1. THE KARNATAKA STATE CO-OPERATIVE HOUSING FEDERATION LTD. REPRESENTED BY MANAGING DIRECTOR NO.3, S.KARIYAPPA ROAD BASAVANAGUDI BANGALORE - 560 001. 2. THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES DAVANAGERE SUB-DIVISION OPP. TO ANJANEYASWAMY TEMPLE VIDYANAGARA, DAVANAGERE - 577 001. …RESPONDENTS (BY SRI ANANDA K., ADVOCATE FOR R1; SMT. SPOORTHI V., HCGP FOR R2) Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34785 WP No. 34950 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT TO CONSIDER THE APPLICATIONS FILED BY THE PETITIONER FOR PAYMENT OF THE BALANCE AMOUNT OF RS.40,000/- VIDE ANNEXURE-K DATED 24.06.2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has challenged the order passed by the respondent No.2 pursuant to the recovery proceedings initiated by the respondent No.1 towards a loan advanced by it. 2. On 20.12.2024 this Court had passed the following interim order: ORAL ORDER ON I.A.NO.1/2024 "1. I.A.No.1/2024 has been filed to substituting the existing respondent with two respondents. 2. Accepting the reasons stated in the said application, I.A.No.1/2024 is allowed. The entities named in the impleading application have brought on record as respondent Nos.1 and 2 in place of existing respondent. 3. Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. - 3 - HC-KAR NC: 2026:KHC:34785 WP No. 34950 of 2024 4. Learned counsel for the petitioner shall carryout the necessary amendment and file amended cause title. 5. The respondents are restrained from any manner auctioning the property of the petitioner located at No.12, Assessment No.20143/2493, Vijaynagara Extension, "J" Division, Harihara, Davangere District, till next date of hearing. 6. Learned Additional Government Advocate is directed to secure instructions and make submissions as to how an award of the year 1997 is proposed to be executed in the year 2024. 7. Needless to say, respondents are also restricted from in any manner dispossessing the petitioner. 8. Re-list on 04.02.2025." 3. It is seen that the petitioner is having an alternative or efficacious remedy under Sections 105 and 106 of Karnataka Co- operative Societies Act, 1959. Hence, the following: ORDER i) The writ petition is hereby dismissed reserving liberty to the petitioner to approach the Appellate Authority in the manner known to law. - 4 - HC-KAR NC: 2026:KHC:34785 WP No. 34950 of 2024 ii) Petitioner is entitled to the benefit of Section 14 of the Limitation Act, 1963, if he were to prefer such an appeal. iii) The interim order granted on 20.12.2024 by this Court shall continue for a further period of four weeks. iv) It is hereby made clear that, no opinion is expressed on the merits of the case and if an appeal were to be preferred, the Appellate Authority shall hear and dispose the matter in the manner known to law. v) Registry is directed to return original/certified copy to the petitioner after obtaining necessary photocopies of the same. vi) This order will not come in the way of parties mutually negotiating and settling the matter amongst themselves, if so desires. Sd/- (M.I.ARUN) JUDGE CHS/List No.: 1 Sl No.: 53