[Cites 4, Cited by 0]
Karnataka High Court
Smt. Sadanand S/O Channappa Modi vs The Assistant Registrar on 5 May, 2026
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
-1-
NC: 2026:KHC-D:6500
WP No. 103764 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 5TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO. 103764 OF 2026 (CS-DAS)
BETWEEN:
SADANAND S/O CHANNAPPA MODI
SINCE DECEASED BY HIS LRS.
1. SMT.ANASUYA W/O SADANAND MODI,
AGE. 52 YEARS, OCC. HOUSEHOLD WORK,
R/O.LOKAPUR, TQ. MUDHOL, DIST. BAGALKOT-587122.
2. LAXMI W/O VINOD PATTANSHETTI,
AGE. 31 YEARS, OCC. HOUSEHOLD WORK,
R/O. YAVAGAL, TQ. RON, DIST. GADAG-582202.
3. GOURI D/O SADANAND MODI,
AGE. 26 YEARS, OCC. HOUSEHOLD WORK,
R/O. LOKPUR, TQ. MUDHOL, DIST. BAGALKOT-587122.
...PETITIONERS
(BY SRI PRAKASH S. GUDIHINDIN, ADVOCATE)
AND:
1. THE ASSISTANT REGISTRAR,
CHANDRASHEKAR
LAXMAN
CO-OPERATIVE SOCIETIES AND COLLECTORS,
KATTIMANI
NO.144, BAGALKOT DISTRICT,
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
NON-AGRICULTURAL CO OPERATIVE SOCIETY/
Location: High Court of
Karnataka, Dharwad Bench
Date: 2026.05.05 16:59:32
+0545
COOPERATIVE UNION LTD., BAGALKOT COURT-587107.
2. SRI LIKESHWAR PATTIN
SAHAKARI SANGH NIYAMIT LOKAPUR,
REP BY MANAGER/CHIEF EXECUTIVE OFFICE,
R/O. LOKAPUR, TQ. MUDHOL, DIST. BAGALKOT-587122.
3. DEPARTMENT PANCHAYATH AND COOPERATIVE
DEVELOPMENT OFFICER,
TQ. MUDHOL, DIST. BAGALKOT-587313.
...RESPONDENTS
(BY SMT.NANDINI B. SOMAPUR, AGA FOR R1 AND R3)
-2-
NC: 2026:KHC-D:6500
WP No. 103764 of 2026
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR
DIRECTION QUASHING IMPUGNED ORDER DATED 12.11.2024 PASSED
BY RESPONDENT NO.3 IN ABN WARD IN BEARING NO.
PÀærDgï©fPÉ/J©J£ï/rrJ¸ï/14/2024-25 AT ANNEXURE-E, INSOFAR AS
PETITIONERS ARE CONCERNED & ETC.
THIS WP COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
ORAL ORDER
Seeking for following relief, this writ petition is filed.
(i) Issue a WRIT OF CERTIORARI or any other appropriate
writ, order, or direction quashing impugned order dated
12.11.2024 passed by respondent no.3 in ABN ward in
bearing no.PÀærDgï©fPÉ/J©J£ï/rrJ¸ï/14/2024-25 at Annexure-'E',
insofar as petitioners are concerned.
(ii) Issue a WRIT OF CERTIORARI or any other appropriate
writ, order, or direction quashing impugned auction notice
dated on 04.04.2026 issued by Respondent no.1 bearing
no. rDgï ©fPÉ/J©J£ï/rrJ¸ï/14/2024-25 CªÀįÁÓj ¸ÀASÉå: 897/2024-25
at Annexure-F. In so far as petitioner are concerned.
(iii) Pass such other orders as this Hon'ble court deems fit in
the interest of justice and equity.
2. Sri Prakash S Gudihindin, learned counsel for
petitioners submitted that petitioners are wife and children
of Sadhanand Modi who died on 27.07.2020. It was
submitted that during his lifetime in 2019, Sadanand Modi
NC: 2026:KHC-D:6500
HC-KAR
had obtained financial assistance from respondent no.2 to
tune of Rs.10,00,000/- on an annual interest of 15% per
annum, and towards security of said loan, pledged
properties no.150100600100110392 and
150100600100120736 measuring 134.90 and 54.10 square
meters situated at Lokapur village of Mudhol Taluk. In view
of default in repayment schedule, respondent no.2 initiated
recovery proceedings and obtained an award. In meanwhile,
petitioners filed OS no.163/2024 before Principal Civil Judge
and JMFC, Mudhol for partition and separate possession of
properties including pledged properties. Since mortgaged
properties were embroiled in litigation, and Civil Court had
granted an interim order of temporary injunction against
alienation of said properties, steps by respondent no.2 -
Bank for auction sale of properties by issuing notice at
Annexure-F and arbitration award at Annexures-E were
illegal, especially after respondent no.2 - Bank had
impleaded itself as party in pending suit. On said grounds
NC: 2026:KHC-D:6500
HC-KAR
sought for allowing writ petition by quashing arbitration
award and auction notice.
3. On other hand, Smt.Nandini B.Somapur, learned
AGA appearing for respondents no.1 and 3 on advance
notice of opposed writ petition. She submitted that
impugned award was passed under Section 70 of Karnataka
State Co-operative Societies Act, 1959 ('Act', for short) was
appealable under Section 105 of Act. Writ petition filed
without exhausting efficacious and alternative remedy
would not be tenable. Besides challenge against auction
notice, would also not tenable, as obtaining of loan,
pledging of properties and default in repayment were not
disputed.
4. Heard learned counsel and perused material on
record.
5. From above, it is seen that petitioners legal
representatives of debtor have filed this writ petition
challenging award passed under Section 70 of Act, and
NC: 2026:KHC-D:6500
HC-KAR
auction notice issued in pursuance of same. At outset and
as rightly submitted by learned AGA, impugned award at
Annexure-E would be appealable. Writ petition is filed
without exhausting efficacious and alternative remedy. It is
further seen that petitioners have appeared in arbitration
proceedings, engaged counsel, sought time to file
objections and thereafter appeared to have filed civil suit
and obtained injunction. Since petitioners have participated
in arbitration proceedings and same has ended in an award
passed on 12.11.2024, challenge against mere auction
notice issued on 04.04.2026 in pursuance of award without
challenging award before appropriate authority would reek
of abuse of process of law and lack of bonafide.
6. Therefore, writ petition is dismissed on ground of
non-exhaustion of efficacious and alternative remedy.
Sd/-
(RAVI V.HOSMANI)
JUDGE
MBS
CT:VP
LIST NO.: 1 SL NO.: 4
