The High Court of Karnataka dismissed the writ petition challenging an auction sale and subsequent orders, holding that the relief does not survive due to a decree declaring the auction purchaser's ownership over the property.
The writ petition stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 69241 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 69241 OF 2010 (CS-DAS)
BETWEEN:
…PETITIONER
(BY SRI. MAHESH WODEYAR.,ADVOCATE)
AND:
LTD, YELLAPUR BRANCH, YELLAPUR
OFFICE OF THE TAHASILDHAR, YELLAPUR,DIST:UTTARA
WP No. 69241 of 2010
KANNADA
KARNATAKA CO-OPERATIVE SOCIETIES,AT:KARWAR, UTTARA KANNADA
…RESPONDENTS
(BY SRI.HEGDE NEERALI.,ADVOCATE FOR R1 AND R2;
SRI.M.H.PATIL, ADV., FOR R6 AND 7;
SRI. U.G.BHAT, ADV., FOR R4;
R3 AND R5 SERVED)
THIS WP FILED PRAYING TO: A. QUASH THE IMPUGNED SALE AUCTION DATED:06/10/2008 CONDUCTED BY THE SALE OFFICER, VIKAS URBAN CO-OPERATIVE BANK LTD., YELLAPUR- RESPONDENT NO.2 HEREIN PRODUCED AT ANNEXURE-D. B. QUASH THE IMPUGNED ORDER PASSED BY THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, HUBLI IN NO.A.R.E./UBF/PETITION 218/2008-09, DATED:25/11/2008 PRODUCED AT ANNEXURE-F AND ORDER DATED:23/06/2010 IN NO.DRN/F/ABN/DDS/05/08-09, PASSED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA, KARWAR PRODUCED AT ANNEXURE-G.
THIS WRIT PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
dated 6/10/2008 conducted by the 2nd respondent and also order passed by the Assistant Registrar of Co-
WP No. 69241 of 2010
operative Societies, and the order passed by the Deputy Registrar of the Co-operative Societies, confirming auction sale conducted by the respondent No.2.
WP No. 69241 of 2010
the relief sought in this writ petition does not survive for consideration. Accordingly, the writ petition stands dismissed.
Sd/JUDGE
VB List No.: 1 Sl No.: 113
1 issue framed by the court
Whether the relief to quash the auction sale and orders survives consideration after a decree declaring the auction purchaser as owner.
Mahabaleshwar S/o. Gopal Gadmanne
The Branch Manager, Vikas Urban Co-operative Bank Ltd.
The Sale Officer, Vikas Urban Co-operative Bank Ltd.
Manjunate S/o. Narayan Hedge
Ganapathi S/o. Subray Bhat Gadmanne
Sale Officer and Assistant Registrar, Karnataka State Co-operative Bank's, Association Limited
Hemant Chandangoudarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
