Dismissed

Primary Krishi Pattin Sahakari Sangha Niyamit Hangal v. Sri Malatesh S/O Ningappa Mulagund

Karnataka HC23 Sept 2023WP/100112/2023

Case brief

AI extract

What is this about?

Writ petition challenging the Deputy Registrar's order setting aside an attachment directed against properties in favor of a third party. The court dismissed the petition, holding that a prior valid sale deed protects the transferee's rights under Section 103(3) of the Karnataka Co-operative Societies Act.

What the court decided

AI extract

Primary Krishi Pattin Sahakari Sangha Niyamit Hangal… — Cooperative Societies | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:11121 WP No. 100112 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 23^RD DAY OF SEPTEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

¶7

WRIT PETITION NO. 100112 OF 2023 (CS-DAS)

¶8

BETWEEN:

¶9

PRIMARY KRISHI PATTIN SAHAKARI SANGHA NIYAMIT HANGAL, R/BY ITS PRESENT CHIEF EXECUTIVE OFFICER, SRI PUTTARAJ S/O. KUMARESH DODDAMANI, AGE: 34 YEARS, OCC: CHIEF EXECUTIVE OFFICER OF PETITIONER, R/O: HANGAL, TQ: HANGAL, DIST: HAVERI-581104.

¶10

…PETITIONER

¶11

(BY SRI S.N. BANAKAR, ADVOCATE)

¶12

AND:

¶13

SRI MALATESH S/O. NINGAPPA MULAGUND, AGE: 46 YEARS, OCC: EX. CHIEF EXECUTIVE OFFICER, PRIMARY KRISHI PATTIN SAHAKARI SANGHA NIYAMIT, HANGAL, R/O: VIVEKANAND NAGARA, WARD NO.4, TQ: HANGAL, DIST: HAVERI-581104.

¶14

MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR

¶15

SMT. SMITA D/O. SADANAND AFTER MARRIAGE CALED AND KNOWN BY NAME W/O. SHIVABASAVA MUDDI, AGE: 48 YEARS, OCC: WORKING AS NURSE IN GOVERNMENT HOSPITAL, HANAGAL, TQ: HANGAL, DIST: HAVERI-581104.

¶16

ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SAVANUR SUB DIVISION, SAVANUR, SALIMATH BUILDING, SAVANUR, TQ: SAVANUR, DIST: HAVERI-581118.

¶17

DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY HAVERI, D.C. COMPOUND, HAVERI, TQ: AND DIST: HAVERI-581110.

¶18

2 - NC: 2023:KHC-D:11121 WP No. 100112 of 2023

¶19

…RESPONDENTS

¶20

(BY SRI MAHANTESH R. PATIL, ADV. FOR R1; SRI SHIVARAJ P. MUDHOL, ADV. FOR R2; SRI P.N. HATTI, HCGP FOR R3 AND R4;)

¶21

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER PASSED BY RESPONDENT NO. 4 IN CASE NO.DRH/ABN/SEC. 106/1/2022-23 DATED 30.11.2022 VIDE ANNEXURE-M MAY KINDLY BE QUASHED BY RESTORING THE ORDER PASSED BY RESPONDENT NO. 3 AS PER ANNEXURE-C IN CASE NO. AR- 17/ABN/CASE/2/2021-22 DATED 30.04.2021.

¶22

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

¶23

ORDER

¶24

Respondent No.2 feeling aggrieved by the order of attachment passed by respondent No.3-Assistant Registrar filed an application in a pending arbitration proceedings before respondent No.3 and sought for recalling of order of attachment. Respondent No.3 rejected the application on the ground that respondent No.2 has a remedy of an appeal against the order of attachment. It is in this background, respondent No.2 preferred an appeal before respondent No.4Deputy Registrar. Respondent No.4 has allowed the appeal and the order of attachment passed by respondent No.3 as per Annexure-C is set aside. The said order is under challenge.

¶25

The short point that needs consideration at the hands of this Court is as to whether respondent No.3 could

¶26

3 - NC: 2023:KHC-D:11121 WP No. 100112 of 2023

¶27

have passed attachment order by invoking section 103 the Karnataka Co-operative Societies Act (for short “the Act”) without notifying respondent No.2 and without taking cognizance of the alienation made by respondent No.1 against whom the society has raised a dispute under Section 70 of the Act on the ground that respondent No.1 has misappropriated the funds of the petitioner-society.

¶28

Respondent No.4-Deputy Registrar having taken cognizance of the fact that respondent No.1 has sold a house property which is subject matter of attachment order on 05.01.2018 held that the right of respondent No.2 acquired under registered sale deed cannot be taken away under subclause (3) to section 103 of the Act. Sub-clause (3) to section 103 of the Act reads as under:

¶29

“(3) Attachment made under this section shall not affect the rights, subsisting prior to the attachment of the property, of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under attachment in execution of such decree.”

¶30

4 - NC: 2023:KHC-D:11121 WP No. 100112 of 2023

¶31

Respondent No.1 has sold the house property in favour of respondent No.2 on 05.01.2018. The petitionersociety is not able to substantiate that it had lien over house property. While passing an attachment order, respondent No.3 was required to examine as to whether the title is still subsisting in respondent No.1. If there is already conveyance under valid document for valuable sale consideration, respondent No.3 could not have attached the property owned by respondent No.2. Sub-clause (3) to Section 103 clearly protects the transferees right and therefore, the property purchased by respondent No.2 cannot be attached pending consideration of arbitration proceedings. Therefore, I am not inclined to interfere with the order under challenge. Writ petition being devoid of merits is hereby dismissed.

¶32

In view of disposal of the petition, pending interlocutory application, if any, do not survive for consideration and are disposed of accordingly.

¶33

YAN, List No.: 1 Sl No.: 1

¶34

Sd/JUDGE

Primary Krishi Pattin Sahakari Sangha Niyamit Hangal v. Sri Malatesh S/O Ningappa Mulagund

Case brief

What is this about?

What the court decided

Primary Krishi Pattin Sahakari Sangha Niyamit Hangal v. Sri Malatesh S/O Ningappa Mulagund

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A Narasimha Achar S/O A.V. Ramakrishna Vs Late Subhadramma and

Shri. Somaraddi S/O Venkaraddi Mulimani Vs Smt. Tayavva W/O Basappa @

Hanamavva Sunnal W/O Mudiyappa Vs Lakkawwa Sunnal W/O Mudiyappa

Shri Damodar S/O.Narsimha Hegde Vs Ganapati S/O. Subbraya Hegde

Anil Appasaheb Patil Vs Akshay Anil Patil

Ganapati Rama Marathi Vs Somu Veerbhadra Gouda