- 1 - HC-KAR CNR: KAHC010593522026 NC: 2026:KHC:48910 WP No. 27139 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 27139 OF 2026 (CS-RES) BETWEEN: SMT. K.P.MASUDA, W/O. SALEEM, AGED 48 YEARS, CHENNAYANAKOTE VILLAGE AND POST, VIRAJPET TALUK, KODAGU DISTRICT-571215. …PETITIONER (BY SRI. ANIKETH, ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KODAGU DISTRICT, MADIKERI-571201. 2. THE POLIBETAT PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, REPRESENTED BY ITS CEO SMT. K.A.SASHIKALA, PACS, POLIBETTA, VIRAJPET TALUK-571215 REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT 1959. 3. SRI. B.M.VENKATESH, S/O. LATE B.K.MANJUNATHA, AGED 51 YEARS, VINOD JEWELERS, 'SANTHOOR COMPLEX', Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010593522026 NC: 2026:KHC:48910 WP No. 27139 of 2026 POLIBETTA TOWN, VIRAJPET TALUK-571215. P.C.KRISHNA, SINCE DEAD BY HIS LRS 4. SMT. USHA KUMARI, W/O. LATE P.C.KRISHNA, AGED ABOUT 39 YEARS, RESIDING AT GOWLIBEEDI, MADIKERI TOWN, MADIKERI-571201. 5. K.P.PREKSHA, D/O. LATE P.C.KRISHNA, AGED ABOUT 42 YEARS, RESIDING AT GOWLIBEEDI, MADIKERI TOWN, MADIKERI-571201. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Aniketh, counsel on behalf of Sri.Sachin B.S., for the petitioner, and Sri. Yogesh D. Naik, AGA for respondent No. 1, appeared in person. - 3 - HC-KAR CNR: KAHC010593522026 NC: 2026:KHC:48910 WP No. 27139 of 2026 2. Though the matter is listed today for preliminary hearing, it is being heard. 3. The order dated 23.03.2026 passed by the Karnataka Appellate Tribunal in Co-operative Appeal No.261/2024, as per Annexure-A, is challenged in this writ petition on several grounds as set out in the memorandum of the writ petition. 4. The short facts are these: A dispute was raised in Dispute No.06/2019-20. The petitioner was the first respondent therein. The ARCS has passed an order dated 31.05.2023 directing the respondents therein to pay the amount jointly and severally. As matters stood, the petitioner filed an appeal before the Appellate Tribunal after a delay of one year and two months. Accordingly, an application was filed to condone the delay. The Appellate Tribunal, vide order dated 23.03.2026, declined to condone the delay and rejected the appeal. Under these circumstances, the petitioner is before this Court. - 4 - HC-KAR CNR: KAHC010593522026 NC: 2026:KHC:48910 WP No. 27139 of 2026 5. Counsel for the petitioner and the AGA presented several contentions. The petitioner’s counsel argues that there was sufficient cause to justify the delay, claiming the petitioner was unaware of the ARCS's order. He contends that the Appellate Tribunal incorrectly dismissed the appeal. Additionally, he urges that other grounds be considered and that the Appellate Tribunal's order be set aside so the petition can be granted. AGA justified the order of the Appellate Tribunal. 6. Heard the arguments and perused the papers carefully. 7. The petitioner, as the borrower, defaulted on loan repayment. As a result, proceedings were initiated, leading to the order issued by the ARCS in 2023. An appeal should have been filed within 90 days, but the petitioner delayed it by over a year and two months. A review of the application for delay condonation reveals no adequate or satisfactory reason justifying the delay. Simply - 5 - HC-KAR CNR: KAHC010593522026 NC: 2026:KHC:48910 WP No. 27139 of 2026 claiming that the petitioner was unaware of the order from the ARCS does not, on its own, provide a valid cause for excusing the delay. Therefore, the Appellate Tribunal was justified in refusing to condone the delay. I see no reason to alter the Tribunal's decision. Consequently, the writ petition is dismissed. Because of the dismissal of the Writ Petition, any interim order stands discharged, and pending interlocutory applications, if any, are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 5