Disposed

Somesh Jagadish Upnal v. the State of Karnataka

Karnataka HC16 Sept 2021WP/143423/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition under Article 227 by directing the trial court to dispose of a pending suit regarding a cooperative society within six months. The Court did not express an opinion on the merits of the underlying dispute but stayed the publicity of accounts pending the suit's outcome.

What did the court decide?

Directed the Court of III Additional Civil Judge and JMFC, Dharwad to dispose of O.S.No.569/2019 within six months.

Somesh Jagadish Upnal Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO.143423/2020 (CS-RES)

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BETWEEN

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SOMESH JAGADISH UPNAL, PRESIDENT OF SRI LINGARAJ VIVIDODDESH SAMSTE, DHARWAD, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: KADAVAGERI ONI, PETH BANA, LAXMESHWAR-582116, DIST: GADAG.

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SRISHAIL MALLIKARJUN SHIGLI, SECRETARY OF SRI LINGARAJ VIVIDODDESH SAMSTE, DHARWAD, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: DUNDI ONI, HOSAYELLAPUR, DHARWAD-580001.

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...PETITIONERS

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(BY SRI LAXMAN T. MANTAGANI, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001.

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THE DISTRICT REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF

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CO-OPERATIVE SOCIETIES, DHARWAD DISTRICT, DHARWAD-580001.

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R.R. KUDAVAKKALIGAR CLAIMING TO BE THE ADHYAKSHA OF SRI LINGARAJ VIVIDODDESH SAMSTE, DHARWAD, AGE: MAJOR, OCC: AGRICULTURE, R/O: BASAVANAL, TQ: SHIGGAON, DIST: HAVERI, PIN CODE: 581118.

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M.S. BETAGERI, CLAIMING TO BE THE SECRETARY OF SRI LINGARAJ VIVIDODDESH SAMSTE, DHARWAD, AGE: MAJOR, OCC: AGRICULTURE, R/O: MAREWAD, TQ AND DIST: DHARWAD, PIN CODE: 581201.

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….RESPONDENTS

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(BY SRI V.S.KALASURMATH, HCGP FOR R-1 AND 2) (BY SRI VISHWANATH S.BICHAGATTI, ADV. FOR R-3) (NOTICE TO RESPONDENT NO.4 – SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 06.02.2020 PASSED BY THE 2ND RESPONDENT IN NO.DRZ/ SANGHSAMSHTE/CR-46/2019-20/1189 VIDE ANNEXURE-S.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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In this writ petition, the petitioners have sought for the following reliefs:

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Issue a writ of certiorari, quashing the impugned order dated 06.02.2020 passed by the 2nd respondent in No.DRZ/ Sanghsamshte/CR-46/2019-20/1189 vide Annexure-S.

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Heard learned counsel for the petitioners and learned HCGP for respondent Nos.1 and 2 as well as learned counsel for respondent Nos.3. Perused the material on record.

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Perusal of the impugned order at AnnexureS dated 06.02.2020 passed by the 2^nd respondentDistrict Registrar will indicate that, the 2^nd respondent has accepted the details/list of the governing body and the balance sheet subject to the condition that the same would be outcome of result of Misc.A.No.1/2020 filed by the petitioners which is pending before the Principal Senior Civil Judge, Dharwad.

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Though several contentions have been urged by both sides in support of their respective claims, having regard to the pendency of the suit in O.S.No.569/2009 pending on the file of III Additional Civil Judge and JMFC, Dharwad, without expressing any opinion on the merits/demerits of the rival contentions and making it clear that the impugned order at Annexure-S would be subject to the result outcome of the suit, I deem it just and appropriate to exercise my powers under Article 227 of the Constitution of India and direct the Court of III Additional Civil Judge and JMFC, Dharwad to dispose off the said suit O.S.No.569/2019 as expeditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order.

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Subject to the aforesaid direction, writ petition stands disposed off.

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All rival contentions are kept open and no opinion is expressed on the same.

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All parties are directed to co-operate with

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expeditious disposal of the suit as stated supra .

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SD JUDGE

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CKK

Somesh Jagadish Upnal v. the State of Karnataka

Case brief

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Somesh Jagadish Upnal v. the State of Karnataka

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