- 1 - HC-KAR CNR: KAHC010506462026 NC: 2026:KHC:44625-DB WA No. 1810 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1810 OF 2026 (CS-RES) BETWEEN: 1. YERMAL VARADARAJ SHENOY AGED ABOUT 72 YEARS S/O Y.G. SHENOY R/A NO. B104, BLOCK B FIRST FLOOR, SUVIDA HOMES PHASE-2, UDUPI DISTRICT KARNATAKA - 576 104 2. RAKESH ESHWAR BANGERA AGED ABOUT 44 YEARS S/O ESHWAR A BANGERA R/A NO. C109, BLOCK C FIRST FLOOR, SUVIDA HOMES PHASE-2, UDUPI DISTRICT KARNATAKA - 576 104 3. SWAPNA SHASHIKANT PATIL AGED ABOUT 71 YEARS W/O SHASHIKANT N. PATIL R/A NO. B105, BLOCK B FIRST FLOOR, SUVIDA HOMES PHASE-2, UDUPI DISTRICT KARNATAKA - 576 104 …APPELLANTS (BY SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI PRAVEENKUMAR HIREMATH, ADVOCATE) Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010506462026 NC: 2026:KHC:44625-DB WA No. 1810 of 2026 AND: 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KUNDAPURA(TMC)- WARD NO.8 KUNDAPURA, TOWN MUNICIPAL COUNCIL KARNATAKA - 576 201 2. THE BHATKAL URBAN CO-OPERATIVE BANK LIMITED P.B. NO.15, 66/1, MAIN ROAD BHATKAL - 581 320 BY ITS MANAGER 3. SERENE ISLES RECREATION PRIVATE LIMITED VEERA HANUMAN MARG CHITPADY P.B. NO.27 UDUPI - 576 101 REPRESENTED BY ITS MANAGER SMT. VEENA GOPALKRISHNA NAYAK 4. SRI P. GOPALKRISHNA NAYAK VEERA HANUMAN MARG CHITPADY, UDUPI - 576 101 5. SRI VILAS GOPALKRISHNA NAYAK HANUMAN COMPOUND VEERA HANUMAN MARG CHITAPADI, UDUPI DISTRICT - 576 101 6. NAGARATHANA VILAS NAYAK HANUMAN COMPOUND VEERA HANUMAN MARG CHITAPADI, UDUPI DISTRICT 576101 …RESPONDENTS (BY SRI S.R. KHAMROZ KHAN, AGA FOR R-1) - 3 - HC-KAR CNR: KAHC010506462026 NC: 2026:KHC:44625-DB WA No. 1810 of 2026 THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGEMENT ORDER DATED 12/06/2026 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.2259/2025 IN DISPOSING OF THE WRIT PETITION, AND CONSEQUENTLY ALLOW THE WRIT PETITION AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 12.06.2026 passed by the learned Single Judge of this court in W.P.No.2259/2025 (CS-RES), whereby the court had declined to entertain the writ petition on the ground of availability of alternate remedy. 2. The appellants had filed the aforesaid petition impugning a sale notice No.JRD/UBF/HUBLI/1438/22/23 CIP NO.02/2024/25 dated 16.12.2024 for sale of their mortgage properties. The appellants also prayed that directions be issued to respondent - 4 - HC-KAR CNR: KAHC010506462026 NC: 2026:KHC:44625-DB WA No. 1810 of 2026 Nos.1 to 6 to pay compensation due to auctioning of the properties in question. 3. Mr. Jayakumar.S.Patil, the learned Senior Counsel appearing for the appellants submits that the subject properties had been mortgaged prior to the same being sold to the appellants. He submits that the value of the subject properties is a fraction of the amount claimed by the secured creditor. Thus, it would be difficult to meet the pre-condition of filing an appeal under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959 [KCS Act]. 4. Undisputedly, the appellants have a remedy of filing an appeal under Section 105 of the KCS Act. The learned Single Judge also directed that the benefit of Section 14 of the Limitation Act, 1963 be extended to the appellants, if they avail the appellate remedy. 5. We find no infirmity in the impugned order. Concededly, the statutory requirement of a pre-deposit cannot be avoided by circumventing the appellate remedy and invoking the extraordinary jurisdiction of this court under Article 226 of the Constitution. No - 5 - HC-KAR CNR: KAHC010506462026 NC: 2026:KHC:44625-DB WA No. 1810 of 2026 ground is made to interfere with the impugned order. The present appeal is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KPS List No.: 2 Sl No.: 15