Disposed

Mohammed Numaan Asad v. the Joint Registrar of

Karnataka HC29 Sept 2021WP/17482/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition under Articles 226 and 227 of the Constitution. The court directed the petitioners to exhaust remedies in a pending statutory appeal before the Karapin Cooperative Housing Society Tribunal (KAT), directing the Tribunal to decide the appeal within three months and stay coercive action against petitioners.

What did the court decide?

No coercive action shall be taken against the petitioners until the statutory appeal is decided and two weeks thereafter.

Mohammed Numaan Asad Vs the Joint Registrar of — Specific Performance | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 29^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.17482 OF 2021(CS-RES) C/W WRIT PETITON NO.2717 OF 2016(CS-RES)

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IN W.P.NO.17482/2021:

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BETWEEN:

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MOHAMMED NUMAAN ASAD, S/O MOHAMMED ASADULLA, AGED ABOUT 24 YEARS,

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MOHAMMED SALMAN ASAD, S/O MOHAMMED ASADULLA, AGED ABOUT 21 YEARS,

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BOTH ARE RESIDING AT NO.1022/47, 38^TH CROSS, 4^TH T BLOCK, JAYANAGAR, BANGALORE – 560 041.

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...PETITIONERS

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(BY SRI. GURUDAS S KANNUR, SENIOR COUNSEL FOR SRI. P ANAND, ADVOCATE)

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AND:

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THE JOINT REGISTRAR OF CO-OP SOCIETIES (ICGP), NO.1, OFFICE OF THE REGISTRAR OF CO-OP SOCIEITES IN KARNATKA, ALI ASKER ROAD, BANGALORE – 560 052.

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THE ASSISTANT REGISTRAR OF CO-OP SOCIETIES & RECOVERY OFFICER (U/R 441) AMANATH CO-OP BANK LTD., NO.43, ‘AMANATH HOUSE, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE – 01.

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AMANATH CO-OP BANK LTD., NO.43, ‘AMANATH HOUSE’, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE – 01. REPRESENTED BY ITS CHIEF EXECUTIVE

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OFFICER/ GENERAL MANAGER,

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MOHAMMED ASADULLA, S/O LATE MOHAMMED YOUSUFF, AGED ABOUT 65 YEARS, RESIDING AT NO.1022/47, 38^TH CROSS, 4^TH T BLOCK, JAYANAGAR, BANGALORE – 560 011.

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SMT. RIZWANA BEGUM, D/O LATE MOHAMMED YOUSUFF, AGED ABOUT 63 YEARS, RESIDING AT NO.1036, 27^TH MAIN, 9^TH CROSS, JAYANAGAR, BANGALORE – 560 041.

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… RESPONDENTS

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(BY SRI. VINOD KUMAR, AGA FOR R1;

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SRI. ABHINAV RAMANAND, ADVOCATE FOR R2 & R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.08.2019 PASSED BY THE R2 AUTHORITY, VIDE ANNEXURE-L AND ETC.,

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IN W.P.NO.2717/2016:

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BETWEEN:

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MOHAMMED NUMAAN ASAD, S/O MOHAMMED ASADULLA, AGED ABOUT 24 YEARS,

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MOHAMMED SALMAN ASAD, S/O MOHAMMED ASADULLA, AGED ABOUT 21 YEARS,

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PETITIONER NO.2 SINCE MINOR REPRESENTED BY HIS MOTHER, NATURAL GUARDIAN SMT. MASARATH ASAD.

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BOTH ARE RESIDING AT NO.1022/47, 38^TH CROSS, 4^TH T BLOCK, JAYANAGAR, BANGALORE – 560 041.

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…PETITIONERS (BY SRI. GURUDAS S KANNUR, SENIOR COUNSEL AND SRI. P ANAND, ADVOCATE)

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AND:

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THE JOINT REGISTRAR OF CO-OP SOCIETIES (ICGP), NO.1, OFFICE OF THE REGISTRAR OF CO-OP SOCIEITES IN KARNATKA, ALI ASKER ROAD, BANGALORE – 560 052.

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THE ASSISTANT REGISTRAR OF CO-OP SOCIETIES & RECOVERY OFFICER (U/R 441) AMANATH CO-OP BANK LTD., NO.43, ‘AMANATH HOUSE, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE – 01.

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AMANATH CO-OP BANK LTD., NO.43, ‘AMANATH HOUSE, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE – 01. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ GENERAL MANAGER,

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MOHAMMED ASADULLA, S/O LATE MOHAMMED YOUSUFF, AGED ABOUT 65 YEARS, RESIDING AT NO.1022/47, 38^TH CROSS, 4^TH T BLOCK, JAYANAGAR, BANGALORE – 560 011.

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SMT. RIZWANA BEGUM, D/O LATE MOHAMMED YOUSUFF, AGED ABOUT 63 YEARS, RESIDING AT NO.1036, 27^TH MAIN, 9^TH CROSS, JAYANAGAR, BANGALORE – 560 041.

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…RESPONDENTS (BY SRI. VINOD KUMAR, AGA FOR R1 & R2; SRI. ABHINAVA R, ADVOCATE FOR R3; R4 & R5 ARE SERVED AND UNREPRESENETED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226

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AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE PROCLAMATION DATED 16.12.2015 ISSUED BY THE R2, VIDE ANNEXURE-J AND ETC.,

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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IN W.P.No.17482/2021:

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Both the sides having argued the matter for some time vociferously, now are graciously in agreement with the suggestion of this Court that the petitioners should workout their remedies in the Comprehensive Statutory Case pending before the KAT in Appeal No.129/2015 and till after the said appeal is decided and two weeks thereafter lapse, no coercive action shall be taken against the petitioners and that all contentions of the parties be kept open.

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Ordered accordingly and writ petition is disposed of directing the KAT to decide the subject appeal after providing an opportunity of hearing to all the stakeholders including the unserved respondents within an outer limit of three months.

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Costs made easy.

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IN W.P.No.2717/2016:

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In view of disposal of W.P.No.17482/2021, this

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petition does not survive for consideration and accordingly

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it stands disposed off.

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No costs.

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Sd/JUDGE

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Bsv

Mohammed Numaan Asad v. the Joint Registrar of

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Mohammed Numaan Asad v. the Joint Registrar of

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