Dismissed¶¶25

Kiran Kumar Atolige v. Shree Poornananda Credit Co. Operative Society Ltd.

Karnataka HC10 Jul 2025WP/6828/2024

Case brief

AI extract

What is this about?

Karnataka HC, Bengaluru; WP No. 6828 of 2024 (CS-RES); Justice Suraj Govindaraj; decided 10 July 2025; dismissal for non-prosecution; non-payment of process-fee despite order dated 13.06.2025; writ under Articles 226 & 227; challenge to sale notice dated 29.01.2024 by credit co-operative society; representation dated 19.02.2024 (Annexure-C) against recovery/auction of schedule property; no adjudication on merits.

What did the court decide?

Despite the order dated 13.06.2025, process-fee was not paid, and it appeared that the petitioner was not interested in prosecuting the matter. ¶¶24

Kiran Kumar Atolige Vs Shree Poornananda Credit… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:27124 WP No. 6828 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6828 OF 2024 (CS-RES)

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BETWEEN:

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KIRAN KUMAR ATOLIGE AGE 42 YEARS S/O SHREEDHAR POOJARY RA/T D.NO. 2-127 SARASWATHI NILAYA ATTOLIGY HOSUE KARIYANGALA VILLAGE KAJE, KOLAMBE POST MANGALORE 574 142

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…PETITIONER

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(BY SRI. ANIL KUMAR D.,ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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SHREE POORNANANDA CREDIT CO OPERATIVE SOCIETY LTD, N.G.O COMPLEX 1^ST FLOOR, NEAR MINI VIDHANASOUDHA MANGALORE 575 001 REP BY CHIEF MANAGER/AUTHORISED OFFICER

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THE DEPT. REGISTRAR CO OPERATIVE SOCIETY NO. 62, 2^ND FLOOR, MARGOSA ROAD, 3^RD MAIN, 18^TH CROSS MALLESHWARAM BANGALORE 560 005.

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…RESPONDENTS

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(BY SRI DEVARAJA.A., ADVOCATE, NOTICE NOT ORDERED)

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2 - NC: 2025:KHC:27124 WP No. 6828 of 2024

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HC-KAR

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS AND ISSUE DIRECTIONS TO R-1 AND 2 TO CONSIDER THE REPRESENTATIONS DTD. 19.02.2024 RESPECTIVELY UNDER ANNEXURE-C; SET ASIDE THE SALE NOTICE DATED 29.01.2024 ISSUED BY RESPONDENT UNDER ANNEXURES-A AND B AND ISSUE NECESSARY DIRECTIONS TO THE RESPONDENTS, PENDING CONSIDERATION OF THE REPRESENTATION DATED 19.02.2024 SUBMITTED BY THE PETITIONER UNDER ANNEXURE-C NOT TO PROCEED WITH ANY KIND OF RECOVERY ACTION AGAINST THE SCHEDULE PROPERTY INCLUDING DISTURBING PHYSICAL POSSESSION AND AUCTION THE SCHEDULE PROPERTY.

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THIS PETITION, COMING ON FOR DISMISSAL FOR NONPROSECUTION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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