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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

WRIT PETITION No.36014 OF 2018 (CS-RES)

BETWEEN :

SMT. J. VIJAYALAKSHMI

D/O LATE JAVARAIAH

W/O LATE RAMAKRISHNA

AGED 55 YEARS

NO.9/1, 2^ND CROSS

MUNESHWARA BLOCK

PALACE GUTTAHALLI

BENGALURU-560 003 &PETITIONER

(BY SHRI. PRASANNA FOR

SHRI. K. CHANDRANATH ARIGA, ADVOCATES)

AND :

1.

THE STATE OF KARNATAKA

BY ITS SECRETARY

DEPARTMENT OF CO-OPERATION

RROM NO.610, 3^RD GATE

6^TH FLOOR, M.S.BUILDING

DR.AMBEDKAR VEEDH

BANGALORE-560 001

2.

THE REGISTRAR OF CO-OPERATIVE SOCITIES

NO.1, ALI ASKER ROAD

BENGALURU

KARNATAKA-560 052

3.

ASSISTANT REGISTRAR OF

CO-OPERATIVE SOCIETIES

(RECOVERY OFFICER RULE 441)

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KARNATAKA STATE SOUHARDA

SOMYUKTHA CO-OPERATIVE LIMITED

BENGALURU-560 055

4.

SHUSHRUTHI SOUHARDA SAHAKARA

BANK NIYAMITA

NO.68, SHUSHRUTHINAGAR

ANDRAHALLI MAINROAD

PEENYA 2^ND STAGE

BENGALURU-560 091

BY ITS CHIEF EXECUTIVE

... RESPONDENTS

(BY SHRI. M. VINOD KUMAR, AGA FOR R1 TO R3;

SMT. M. KUSUMA, ADVOCATE FOR R4)

. . . .

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND

QUASH THE SALE NOTICE DATED 13.7.2018 IN E.P. NO. ARE/UBF/ 01/

2009-2010 AND SALE NOTICE DATED 16.7.2018 IN EP NO.ARE/

UBF/02/2009-2010 ISSUED BY R-3 VIDE ANNEX-F AND F1 AS ILLEGAL

AND NULLITY AND NOT BINDNG ON THE PETITIONER AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING

IN 8B9 GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Petitioner's father had taken housing loan from fourth

respondent-Bank. The Bank initiated recovery proceedings.

Petitioner's father died during the pendency of the

proceedings. The bank issued attachment notice on

03.03.2018 and 03.05.2018. Thereafter sale notice has

been issued. The same has been challenged in this petition.

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2.

The ground urged in the writ petition is that the

third respondent is duty bound to exercise its power in a

just and fair manner, whereas, he has issued the notice of

attachment mechanically.

3.

The sale notice has been issued in execution

proceedings pursuant to the Award passed by the Joint

Registrar of Co-operative Societies. So long as an

executable Award remains on record, execution proceedings

cannot be stalled. Therefore, this writ petition is devoid of

merits and it is accordingly dismissed.

No costs.

Sd/-

JUDGE

SPS