Disposed

South Western Railway Employees v. Joint Registrar of

Karnataka HC16 Aug 2022WP/10962/2022

Case brief

AI extract

What is this about?

High Court disposed a writ petition challenging a 09.05.2022 interim order granting relief to a caveator in appeal proceedings. The court decided to quash the interim order pending the final outcome of the main appeal without expressing an opinion on the merits.

What did the court decide?

The petition was disposed of without interfering with the impugned interim order; all contentions are left open for future consideration upon final orders.

South Western Railway Employees Vs Joint Registrar of — Cooperative Societies | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF AUGUST, 2022

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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.10962/2022(CS-RES)

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BETWEEN :

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SOUTH WESTERN RAILWAY EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCEITY LTD., MYSORE NORTH, RAILWAY OFFICE BUILDING, NEW SAYAJJI RAO ROAD, MYSORE-570024. REP. BY ITS SECRETARY

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...PETITIONER

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(BY SRI.RAMACHANDRA N, ADVOCATE)

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AND

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JOINT REGISTRAR OF CO-OPERATIVE SOCEITUES, MYSORE DIVISION, MYSORE, PUBLIC OFFICE BUILDING, NEW SAYYAJIRAO ROAD, MYSORE-570024.

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ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCEITIES, HOUSING AND MISCELLANEOUS, NO.1, ALI-ASKAR ROAD, BENGALURU-560001.

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SRI. CHANDRAPPA, EX.DIRECTOR, R/AT NO.MIG-5, 6^TH CROSS, AROGYANAGAR, H-BLOCK, RAMAKRISHNANAGAR, MYSURU-570023.

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SRI. KUTTEGOWDA S/O LATE NARASIMHA, AGED ABOUT 67 YEARS, R/AT NO.714, 13^TH CROSS, 2^ND MAIN, GOKULA, 3^RD STAGE, MYSORE-560026.

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...RESPONDENTS

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(BY SMT.H.C.KAVITHA, HCGP FOR R1 AND R2; SRI. S.PRAKASH SHETTY, ADVOCATE FOR C/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 09.05.2022 PASSED BY THE R2 IN APPEAL NO.ADDLR (H AND M)D-02/DIP/13/2021-22 VIDE ANNEXURE-G AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING , THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This petition is directed against the impugned order at Annexure-G dated 09.05.2022 passed by the respondent No.2-Additional Registrar of co-operative Societies whereby the application for interim relief sought for by respondent No.3 was allowed by the respondent No.1.

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Heard Sri. Ramachandra N, learned counsel

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appearing for the petitioner, Smt. H.C.Kavitha, learned HCGP appearing for respondents No.1 and 2 and Sri. S.Prakash Shetty, learned counsel for caveator/respondent No.3.

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Material on record discloses that there is no interim order passed in the present petition and accordingly in the pending proceedings, respondent No.2/Appellate Authority has proceeded to hear the parties and has reserved the matter for pronouncement of orders on 26.08.2022.

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Under these circumstances, since the present petition arises out of the impugned interim order dated 09.05.2022 passed by respondent No.2/Appellate Authority, without expressing any opinion on the merits/demerits of the rival contentions and leaving the same open, I deem it just and appropriate to dispose of the petition without interfering with the impugned order passed by respondent No.2/Appellate Authority.

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However, it is made clear that pursuant to respondent No.2/Appellate Authority passing final orders in

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the appeal preferred by respondent No.3, all parties would be entitled to take recourse such remedies as available in law and all rival contentions are kept open and no opinion is expressed on the same.

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Sd/JUDGE

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JS/-

South Western Railway Employees v. Joint Registrar of

Case brief

What is this about?

What did the court decide?

South Western Railway Employees v. Joint Registrar of

Case brief

What is this about?

What did the court decide?

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