ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following prayer.

“I. Quash the impugned order passed by Karnataka Appellate Tribunal, Bangalore dated 29-10- 2024 in Co-operative Appeal No.40/2021 (Annexure-C).

II. Pass such other orders as this Hon’ble Court deems fit under the facts and circumstances of the case including the award of costs in the interest of justice and equity.”

2. Heard the learned counsel Sri. Vijay M. Malali appearing for the petitioner, learned AGA Smt. Nandini Somapur representing respondent Nos.1 to 3 and the learned counsel Sri. R.H. Angadi for respondent No.4.

3. The petitioner is a Co-operative Society registered under the Karnataka Co-operative Societies Act. The respondent No.4 is said to be the member of the society and has borrowed a loan of ₹33,51,671/-. The respondent No.4 committing default of the loan leads the society to the Assistant Registrar of Co- operative Society seeking auction of the property that was mortgaged. The Assistant Registrar of the Co-operative Society allows the petition in favour of the present petitioner, which is challenged by the respondent before the Karnataka Appell