IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.50174/2019 (CS-RES) BETWEEN:
1. SRI. MARADI BASAPPA SON OF BHEEMAPPA, AGED ABOUT 66 YEARS, R/AT: NAYAKA STREET, KUMSI VILLAGE & POST, SHIVAMOGGA TALUK & DISTRICT.
2. SRI. MANJUNATH SON OF MARADI BASAPPA, AGED ABOUT 40 YEARS, R/AT: NAYAKA STREET, KUMSI VILLAGE & POST, SHIVAMOGGA TALUK & DISTRICT ... PETITIONERS (BY SRI. S. KALYAN BASAVARAJ, ADVOCATE) AND:
1. STATE OF KARNATAKA CO-OPERATION DEPARTMENT, BY ITS PRINCIPAL SECRETARY, ROOM NO.610, 3RD GATE, 6TH FLOOR, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001 2. SHIVAMOGGA DISTRICT CENTRAL CO-OP. BANK LTD.
HAVING ITS HEAD OFFICE AT: BALARAJA URS ROAD, SHIVAMOGGA-577 201 BY ITS CHIEF EXECUTIVE OFFICER.
3. THE RECOVERY OFFICER (IN CHARGE) SHIVAMOGGA DISTRICT CENTRAL CO-OP. BANK LTD, BALARAJA URS ROAD, SHIVAMOGGA – 577 201 4. SRI. CHANDRAHASA M.B. SON OF MARADI BASAPPA AGED ABOUT 42 YEARS, R/AT: NAYAKA STREET, KUMSI VILLAGE & POST, SHIVAMOGGA TALUK & DISTRICT.
... RESPONDENTS (BY SRI.Y.D.HARSHA, AGA FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE NOTICE DATED 11.09.2019 ISSUED UNDER SUB-RULE 2(d) OF RULE 38 OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES IN EP NO.42/2018-19 ISSUED BY THE R-3 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel appearing for petitioners submits that in view of order dated 25.10.2019 having been passed by third respondent, second petitioner may be permitted to challenge the same by appropriate suit before Civil Court. A memo is filed to the said effect and same is placed on record. Accordingly, writ petition stands dismissed as not pressed.
Second petitioner is at liberty to challenge the order in Execution Proceedings No.42/2018-19 arising out of Dispute No.70/2014-15 dated 25.10.2019. It is also made clear that first petitioner would be at liberty to take steps as may be advised and no opinion is expressed on the merits of the claim of first petitioner.
SD/- JUDGE DR