S. Shivanad vs The Karnataka Sate Government And
2021 Latest Caselaw 1650 Kant

                           -1-

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

        DATED THIS THE 26TH DAY OF FEBRUARY 2021

                         PRESENT

           THE HON'BLE MR. JUSTICE G.NARENDAR

                           AND

     THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

                 COM. AP. NO.100001/2021
               C/W COM. AP. NO.100002/2021

IN COM. AP. NO.100001/2021:
BETWEEN:

THE KARNATAKA STATE GOVERNMENT &
SEMI GOVERNMENT EMPLOYEES HOUSING
CO-OPERATIVE SOCIETY ®, NAVANAGAR,
BAGALKOT, TQ. & DIST. BAGALKOT,
REP. BY ITS PRESIDENT SRI.HANMANT
S/O. VENKAPPA LINGANNAVAR,
AGE: 51 YEARS, OCC. GOVT. SERVANT,
R/O. H.NO.94/2, PWD QUARTERS, BEHIND OLD I.B.,
BAGALKOT, TQ. & DIST. BAGALKOT.
                                             ...APPELLANT
(BY SRI. MRUTYUNJAYA S. HALLIKERI, ADV.)

AND:
1.     S.SHIVANAND,
       AGE: 63 YEARS, OCC. PENSIONER & AGRICULTURE,
       R/O. MUCHAKHANDI, TQ. & DIST. BAGALKOT,
       NOW AT PLOT NO.18, 2ND STAGE,
       HANUMAN NAGAR, BELAGAVI 590001.

2.     S.SRINIVAS,
       AGE: 30 YEARS, OCC. STUDENT,
       R/O. MUCHAKHANDI, TQ. & DIST. BAGALKOT,
       NOW AT: PLOT NO.18, 2ND STAGE,
       HANUMAN NAGAR, BELAGAVI 590001.
                                           ...RESPONDENTS
                             -2-

(BY SRI.RAVI S. BALIKAI, ADV.)

     THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH
SECTION 96 OF THE CPC, PRAYING TO SET ASIDE THE ORDER
DATED 04.01.2021 PASSED IN COM. OS. NO.12/2020 BY THE
HON'BLE COURT OF PRINCIPAL DISTRICT & SESSIONS JUDGE,
BAGALKOT AND ETC.

IN COM. AP. NO.100002/2021:
BETWEEN:

1.     S.SHIVANAND,
       AGE: 63 YEARS, OCC. PENSIONER & AGRICULTURE,
       R/O. MUCHAKHANDI, TQ. & DIST. BAGALKOT,
       NOW AT PLOT NO.18, 2ND STAGE,
       HANUMAN NAGAR, BELAGAVI 590001.

2.   S.SRINIVAS,
     AGE: 30 YEARS, OCC. STUDENT,
     R/O. MUCHAKHANDI, TQ. & DIST. BAGALKOT,
     NOW AT: PLOT NO.18, 2ND STAGE,
     HANUMAN NAGAR, BELAGAVI 590001.
                                          ...APPELLANTS
(BY SRI. RAVI S. BALIKAI, ADV.)

AND:

THE KARNATAKA STATE GOVERNMENT &
SEMI GOVERNMENT EMPLOYEES HOUSING
CO-OPERATIVE SOCIETY ®, NAVANAGAR,
BAGALKOT, TQ. & DIST. BAGALKOT,
REP. BY ITS PRESIDENT SRI.HANMANT
S/O. VENKAPPA LINGANNAVAR,
AGE: 51 YEARS, OCC. GOVT. SERVANT,
R/O. H.NO.94/2, PWD QUARTERS,
BEHIND OLD I.B., BAGALKOT 587103.
                                           ...RESPONDENT
(BY SRI.RAVI S. BALIKAI, ADV.)

     THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO
SET ASIDE THE ORDER DATED 04.01.2021 PASSED IN COM.
OS. NO.12/2020 PASSED ON IA NO.X AND XII PASSED BY THE
HON'BLE PRINCIPAL DISTRICT & SESSIONS JUDGE, BAGALKOT
AND ETC.
                                  -3-

     THESE COMMERCIAL APPEALS COMING ON FOR ORDERS,
THIS DAY, G.NARENDAR J., DELIVERED THE FOLLOWING:

                             JUDGMENT

Both the counsels submit that in the light of proviso to Section 13(1A) of the Commercial Courts Act, the instant appeals are not maintainable and that they may be permitted to withdraw the appeals with liberty to file writ petitions or such other appropriate proceedings.

Submissions of both the counsels are placed on record. Appeals are disposed of as withdrawn with liberty to the appellants to approach the appropriate forum, provided under law. If such recourse is taken within one week, the Trial Court shall not implement the order.

The interim order granted earlier shall be continued for a period of one week.

Office shall return the original records after retaining self attested copy of the same.

(Sd/-) JUDGE

(Sd/-) JUDGE Rsh