Disposed¶48

Sri Manjunath v. Deputy Registrar

Karnataka HC11 Nov 2025WP/14070/2022

Case brief

AI extract

What is this about?

Karnataka HC WP 14070/2022 (CS-RES), M G Uma J., 11-11-2025: writ petition challenging S.105 sub-section (20, Karnataka Co-operative Societies Act (printed 'CT'), disposed of by joint memo settlement with Millennium Credit Co-operative Society Ltd.; Rs.70,000 monthly instalments till loan discharge, singly default clause, no precipitating sale; statutory challenge left unadjudicated; no precedents cited.

What did the court decide?

Writ petition disposed of in terms of the joint memo: petitioners to pay monthly instalments of Rs.70,000 till discharge of the loan with a singly default clause, and respondent No.3 agreed not to precipitate the sale so long as instalments are paid regularly. ¶48

Sri Manjunath Vs Deputy Registrar — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the provision of sub-section (20 of Section 105 of the Karnataka Co-operative Societies Act (printed 'CT'), shown in Annexure-H, is illegal, null and void ab initio and should be quashed/declared so. +2 more

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Ratio / Principle

The writ petition stands disposed of in terms of the joint memo filed by learned counsel for the petitioners and respondent No.3, recording amicable settlement of the dispute; the statutory challenge and auction-direction prayers were not adjudicated.

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Key takeaways

The Court accepted the joint memo, whose admitted contents are: petitioners to pay the loan by monthly instalments of Rs.70,000 till discharge with a singly default clause, and respondent No.3's undertaking not to precipitate the sale while instalments are paid regularly; petitioner No.1 (who is also Chief Executive of respondent No.3) and the Chief Executive admitted the memo before the Court.ratio¶42

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (Hon'ble Mrs. Justice M G Uma), Writ Petition No. 14070 of 2022 (CS-RES), order dated 11-11-2025: Petitioners Manjunath and Shivakumar (sons of late Narasaiah) had moved under Articles 226 and 227 of the Constitution praying to quash/declare the provision of sub-section (20 of Section 105 of the Karnataka Co-operative Societies Act (printed 'CT') as illegal, null and void ab initio (Annexure-H) and to direct auction of only one of the two mortgaged properties, preferably Item No.1 (constructed house) per Annexure-D. Learned counsel for the petitioners and respondent No.3 (M/s The Millennium Credit Co-operative Society Limited) filed a joint memo recording amicable settlement: petitioners to pay monthly instalments of Rs.70,000 till discharge of the loan with a singly default clause, and respondent No.3 agreeing not to precipitate the sale while instalments are regular. Petitioner No.1, who is also Chief Executive of respondent No.3, and the Chief Executive admitted the memo's contents before the Court. The writ petition was disposed of in terms of the joint memo; the statutory challenge itself was not adjudicated. No precedent was cited; single-judge order, no dissent.

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NC: 2025:KHC:45915 WP No. 14070 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE M G UMA

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WRIT PETITION NO. 14070 OF 2022 (CS-RES)

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BETWEEN:

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SRI MANJUNATH S/O LATE NARASAIAH AGED ABOUT 43 YEARS

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SRI SHIVAKUMAR S/O LATE NARASAIAH AGED ABOUT 37 YEARS

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BOTH R/AT NO.37, 5^TH CROSS ROAD 1^ST MAIN ROAD SHIVAPURA PEENYA POST BENGALURU - 560 073

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…PETITIONERS

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(BY SRI. VINOD PRASAD, ADVOCATE)

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Digitally signed by NANDINI B G Location: High Court of Karnataka

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AND:

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DEPUTY REGISTRAR (TOWN BANKS DIVISION) OFFICE OF CO OPERATIVE SOCIETIES, NO.01, ALI ASKAR ROAD, BENGALURU - 560052

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ASST. REGISTRAR (TOWN BANKS DIVISION) OFFICE OF CO OPERATIVE SOCIETIES, NO.01, ALI ASKAR ROAD, BENGALURU- 560052

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M/S THE MILLENNIUM CREDIT CO-OPERATIVE SOCIETY LIMITED, BY ITS GENERAL MANAGER,

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2 - NC: 2025:KHC:45915 WP No. 14070 of 2022

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HC-KAR

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NO.81, GANDHI BAZAR BASAVANAGUDI

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BENGALURU - 560 004 REGD. UNDER CO-OPERATIVE SOCIETIES ACT 1959

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SRI HANUMANTHARAYAPPA S/O LATE NARASAIAH AGED ABOUT 49 YEARS R/AT NO 37, 5^TH CROSS 1^ST MAIN, SHIVAPURA PEENYA POST, BENGALURU - 560 073

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…RESPONDENTS

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(BY SMT. CHANDINI .S., HCGP FOR R1 & 2 SRI. A. VIJAY KUMAR, ADVOCATE FOR R3

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R4 - SD/-)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/DECLARE THE PROVISION OF SUB-SECTION (20 OF SECTION 105 OF KARNATAKA CO-OPERATIVE SOCIETIES CT, AS ILLEGAL, NULL AND VOID AB INITIO IN ANNEXURE-H AND DIRECT THE RESPONDENTS TO HOLD AUCTION OF ONLY ONE OF THE TWO PROPERTIES MORTGAGED PREFERABLE ITEM NO.1 WHICH CONSISTS OF A CONSTRUCTED HOUSE AS PER ANNEXURE-D AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE M G UMA

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ORAL ORDER

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Learned counsel for the petitioners and learned counsel

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for respondent No.3 have filed a joint memo stating that the dispute between the parties is amicably settled in terms of the

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joint memo.

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NC: 2025:KHC:45915 WP No. 14070 of 2022

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HC-KAR

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2. The joint memo reads as under:

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"The above name parties humbly submit as follows:

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The petitioners have already started paying the loan amount since May 2025 by way of monthly installments @ Rs.70,000/- (Rupees Seventy Thousand Only) and undertake to pay Rs.70,000/(Rupees Seventy Thousand Only) by way of monthly installments till the discharge of loan amount with singly default clause. The 3^rd Respondent also agreed not to precipitate the sale if Petitioners pay installment regularly with singly default clause.

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Therefore it is prayed before the Hon'ble Court be pleased to dispose of Writ Petition in terms of this Joint Memo in the interest of Justice and Equity."

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The joint memo is signed by petitioner No.1 - Chief Executive of respondent No.3 and their counsel. Petitioner No.1 and Chief Executive of respondent No.3 are present before the Court and they are identified by their respective counsels.

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Petitioner No.1 and Chief Executive of respondent No.3 admit the contents of joint memo.

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Hence, the following:

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NC: 2025:KHC:45915 WP No. 14070 of 2022

HC-KAR

ORDER

The writ petition stands disposed off in terms of the

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joint memo.

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Sd/(M G UMA) JUDGE

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PNV

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CT:VS

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List No.: 2 Sl No.: 14

Sri Manjunath v. Deputy Registrar

Case brief

What is this about?

What did the court decide?

Sri Manjunath v. Deputy Registrar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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