Sri T N Thimmarajachar v. M/S Vishwabharathi House Building Co. Operative Society Ltd.
Case brief
What is this about?
High Court of Karnataka at Bengaluru; Suraj Govindaraj, J.; RP No. 624 of 2024 in W.P.No.19400/2019 (CS-RES); decision dated 21.01.2025; review under Section 114 read with Order 47 Rule 1 CPC of order dated 20.11.2024; petitioner T.N. Thimmarajachar; respondent M/s Vishwabharathi House Building Co-operative Society Ltd., Basavangudi, and Joint Registrar of Co-operative Society, Bengaluru Division; co-operative housing society site allotment; another site allotted to petitioner's wife; no two sites to same family; non-execution of sale deed = deemed cancellation; ground not sustainable for review; review petition dismissed; parties directed to appear before Karnataka Appellate Tribunal, Bengaluru, without unnecessary adjournments; pending IAs disposed.
What did the court decide?
The Joint Registrar, having concluded that another site had been allotted to the petitioner's wife and that two sites could not be allotted to the same family, did not proceed with execution of any sale deed in respect of the site allotted to the petitioner, which amounts to a deemed cancellation of that site.