The High Court held the writ petition challenging property attachment under the Karnataka Cooperative Societies Act was not maintainable, directing the petitioner to approach the recovery officer for relief within eight weeks.
Petitioner to approach the third respondent for raising of Attachment Before Judgment within eight weeks.
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.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.17826 OF 2021(CS-RES)
BETWEEN:
SRI. BASAPPA, SON OF BHIMAPPA, AGED ABOUT 68 YEARS, R/AT NAYAKARA BEEDI, KUMSI VILLAGE, SHIMOGA TALUK, SHIMOGA DISTRICT – 577 201. SENIOR CITIZEN BENEFITS NOT CLAIMED
...PETITIONER
(BY SRI. S KALYAN BASAVARAJ, ADVOCATE)
AND:
BENGALURU – 560 018.
… RESPONDENTS
(BY SRI. VINOD KUMAR, AGA FOR R1 & R3; NOTICE TO R2 D/W V.C.O DATED 29.09.2021)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER PASSED DATED 13.10.2014
BY THE R-1 PRODUCED AT ANNEXURE-A EXERCISING
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POWER UNDER SECTION 103(1) OF THE KARNATAKA COOPERATIVE SOCIETIES ACT,1959.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The short grievance of the petitioner is as to Attachment of his property in Section 70 proceedings of the Karnataka Cooperative Societies Act, 1959.
for respondent Nos. 1 & 3, notice to respondent No.2 having been dispensed with, vehemently opposes the writ petition contending that the provisions relating to Attachment before judgment as obtained in CPC, 1908, are do apply to the proceedings of the kind as held by a catena of decisions of this Court and the aggrieved should go before the authority who has made the Attachment Before Judgment and seek raising of the same and thus, the petition is not maintainable. There is force in this submission.
In the above circumstances, this writ petition is disposed off permitting the petitioner to approach the third respondent by making an appropriate application for
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raising of Attachment Before Judgment on the ground urged before this court and other grounds as well, in accordance with law; if such an application is made, the same shall be taken up for disposal within a period of eight weeks.
Ordered accordingly, petition stands disposed off, all contentions having been kept open.
No costs.
Sd/JUDGE
Bsv
2 issues framed by the court
Whether the writ petition challenging attachment of property under Section 70 proceedings is maintainable in this court.
Whether the aggrieved party is directed to approach the appropriate authority to seek release of attachment before judgment.
2 provisions across 2 enactments
Sri. Basappa, Son of Bhimappa
The Joint Registrar of Co-operative Societies, Chamarajpet
The Managing Director, Shimoga District Co-operative Bank Limited
The Recovery Officer & Assistant Registrar of Co-operative Societies
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
