Karnataka High Court

WA/1810/2026 of YERMAL VARADARAJ SHENOY Vs ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES on 19 August 2026

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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:

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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

HC-KAR

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)

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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

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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

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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

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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

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