Petitioner challenged attachment of land claimed under an agreement of sale during pending co-operative recovery proceedings against the borrower. The Court held the agreement post-dated the proceedings and conveyed no interest, the petitioner's claim being inchoate, and dismissed the writ petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20254 OF 2024 (CS-RES)
BETWEEN:
SRI. NARENDRA KUMAR S.B, S/O LATE SRI. BASAVARAJU S.G, AGED ABOUT 40 YEARS, RESIDING AT SEETHAKALLU, URDIGERE HOBLI, TAMAKURU TALUK AND DISTRICT - 572 140.
…PETITIONER
(BY SRI. MOHAN S, ADVOCATE)
AND:
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:44744 WP No. 20254 of 2024
AGED ABOUT 43 YEARS, RESIDING AT CHELUR VILLAGE, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT - 572 107.
…RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2; SRI. B.S. MAHENDRA, ADVOCATE FOR R3; R4 - SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12.12.2023 PASSED IN ARD/UBF/414/2022-23 ON THE FILE OF THE R-1, THE ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES (R.441) KARNATAKA STATE CO-OPERATIVE URBAN BANKS FEDERATION LIMITED NO. 132, 2ND FLOOR K.H ROAD, BENGALURU 560037 PRODUCED AT ANNX-K AND THE ACTION NOTICE DATED 20.06.2024 ISSUED IN E.P.NO. 72/2023-24 ON THE FILE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES TUMAKURU SUB-DIVISION TUMAKURU PRODUCED AT ANNX-L PARTICULARLY TO THE EXTENT OF SCHEDULE PROPERTY PENDING DISPOSAL OF THE SUIT O.S.NO. 293/2024 ON THE FILE OF THE CIVIL JUDGE AND JMFC GUBBI IN ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
NC: 2024:KHC:44744 WP No. 20254 of 2024
obtained by respondent No.4 from respondent No.3, the property subject matter of the agreement of sale dated 25.11.2022 executed in favour of the petitioner could not have been attached by respondent No.2 in the interlocutory proceedings by exercising power under Section 103 of the Act. His submission is that the said property not being subject matter of the mortgage, the said property could not be attached by the Bank. There being several other properties belonging to respondent No.4 which could have been proceeded with by respondent No.3.
said property is in danger of being sold as to frustrate any decree passed.
NC: 2024:KHC:44744 WP No. 20254 of 2024
petitioner can always seek for refund of the monies paid by the petitioner to respondent No.4, with damages if so claimed.
Sd/(SURAJ GOVINDARAJ) JUDGE
GJM, PRS List No.: 1 Sl No.: 26 CT: BHK
2 issues framed by the court
Whether a property claimed under an agreement of sale executed after the co-operative dispute was filed could be attached under Section 103 of the Act.
Does an agreement of sale confer an interest in property sufficient to challenge attachment in writ proceedings?
3 provisions across 3 enactments
Sri. Narendra Kumar S.B
The Additional Registrar of Co-operative Societies (R 441), Karnataka State Co-operative Urban Banks Federation Limited
The Assistant Registrar of Co-operative Societies, Tumakuru Sub Division
The Chief Executive Officer, Sree Byraveswara Co-operative Bank Ltd.
Sri. Mallikarjuna
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
