Held that since the Cooperative Society agreed to contest the application only regarding the petitioners' properties, impleadment of other parties was unnecessary. Consequently, the High Court disposed of the writ petition seeking quashing of the KAT order dismissing the impleadment application without costs.
Petition disposed of; no costs.
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 AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.7004 OF 2021(CS-RES)
BETWEEN :
(BY SHRI. P MOHANA CHANDRA, ADVOCATE)
AND :
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BANGALORE-560001
BY REGISTRAR
2 . THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY MADIKERI SUB DIVISION MADIKERI-571201
3 . CHEYYANDANE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY CHEYANDANE MADIKERI TALUK-571212 KODAGU DISTRICT REPRESENTED BY ITS CEO (INCHARGE) SRI M A CHETHAN S/O M M ACHAIAH ... RESPONDENTS
(BY SHRI. A. BALAKRISHNAN, ADVOCATE FOR R3 SHRI. M VINOD KUMAR, AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 09.02.2021 PASSED ON I.A. NO.3 IN APPEAL NO.244/2019 PASSED BY R-1 AS PER ANNX-K AND CONSEQUENTLY ALLOW I.A. NO.3 FILED BY THE PETITIONERS.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri Mohanchandra P. learned advocate for petitioners, Shri A.Balakrishnan, learned advocate for
caveator/respondent No.3 and Shri M.Vinod Kumar, learned AGA for respondents No.1 and 2.
petitioners have challenged the order of attachment before
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judgment passed by respondent No.2 by filing application before the KAT. Respondents have filed objection stating that application is not maintainable for non-impleadment all the parties. Petitioner has filed an I.A. under Order 1 Rule 10(2) of CPC for impleadment. The KAT by order dated 09.02.2021 has dismissed the said application. Hence this Writ petition.
a) Property of petitioner No.1 C.M.Gopi, namely, an area of 8.00 acres land in Sy.No.7/8, of Kaatha No.23, situated at Chelavara village of Madikeri Taluk, Kodagu;
b) Property of petitioner No.2 i.e. C.M.Sampath namely, an area of 4.00 acres in Sy.No.7/31 of Kaatha No.7 situated at Kokeri village of Madikeri Taluk, Kodagu.
c) Properties of petitioner No.3 i.e. C.S. Devaiah, namely, an area of 3.00 acres in Sy.No.7/23 of Kaatha No.7; an area of 1.20 acres in Sy.No.19/6 of Khatha No.7; an area of 1.50 acres
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in Sy.No.14/15B of Kaatha No.7, and area of 2.40 acres of coffee land in Sy.No.19/8, of kaatha No.7 all properties situated at Kokeri village of Madikeri Taluk, Kodagu.
respondent- society submits that the society shall contest the petitioner's application before the Karnataka Appellate Tribunal only insofar as the aforementioned properties are concerned. His submission is placed on record.
[ 5. In view of the stand taken by the Society that it shall
contest the application only insofar as properties belonging to petitioners, impleadment of other parties is wholly unnecessary. Therefore, dismissal of the application for impleadment by the KAT does not adversely affect the petitioners. Hence, nothing further survives for consideration in this petition.
Accordingly petition is disposed of.
No costs.
Sd/JUDGE
Yn.
2 issues framed by the court
Whether the dismissal of the application for impleadment by the KAT requires quashing when the society remains willing to contest the issue regarding petitioner properties.
Whether the order of attachment before judgment requires interference in the writ proceedings.
2 provisions across 2 enactments
SMT. C M GOPI & ORS.
THE KARNATAKA APPELLATE TRIBUNAL
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY MADIKERI
CHEYYANDANE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
