Karnataka High Court
Ramesha R vs B Umashankar on 28 October, 2021
Author: Chief Justice Magadum
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT APPEAL NO.979 OF 2021 (GM-KSR)
BETWEEN:
1. R. RAMESHA
S/O LATE ESHWAR RAO
AGED ABOUT 60 YEARS
R/O NO. 169/1, 7TH MAIN
4TH CROSS, CHAMRAJAPET
BENGALURU - 560 018
2. SRI M. SHANTILAL
S/O LATE SRI MUNILALJI
AGED ABOUT 62 YEARS
R/O NO.232/69, 33RD CROSS
6TH MAIN ROAD, 4TH BLOCK
JAYANAGAR, BENGALURU - 560 011
3. SMT. VIMALADEVI
W/O SRI M SHANTILAL
AGED ABOUT 59 YEARS
R/O NO. 232/69
33RD CROSS, 6TH MAIN ROAD
4TH BLOCK, JAYANAGAR
BENGALURU - 560 011
4. SRI JIGNESH S JAIN
S/O SRI SURESH KUMAR S
AGED ABOUT 35 YEARS
R/O NO.4FB, 4TH FLOOR
HINAL HERITAGE, NO.27 AND 27/1
YAMUNA BAI ROAD, MADHAVANAGAR
BENGALURU - 560 001
... APPELLANTS
(BY SRI VARUN J. PATIL, ADVOCATE)
-2-
AND:
1. B. UMASHANKAR
S/O BANASHETTAPPA
AGED ABOUT 58 YEARS
R/AT NO.43, JUMMA MAZID CROSS
M.S. LANE, BENGALURU - 560 002
2. SILK MANUFACTURER ASSOCIATION
NO.48, M.B. STREET, NAGARTHPET
BANGALORE - 560 002
REPRESENTED BY ITS
PRESIDENT/SECRETARY
3. E SHEKAR S/O ESHWARAPPA
AGED ABOUT 54 YEARS
R/AT NO.18
RAMAKRISHNAPPA ROAD
COX TOWN
BANGALORE - 560 005
4. D LINGARAJU
S/O DODDALAKKAIAH
AGED ABOUT 60 YEARS
R/AT NO.38, GANIGAR LANE
M.B.T. STREET
NAGARTHPET STREET
BANGALORE - 560 002
5. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
NO.146, SAHAKARA SOUDHA
3RD FLOOR, 3RD MAIN ROAD
8TH CROSS, MARGOSA ROAD
MALLESHWARAM
BANGALORE - 560 003
... RESPONDENTS
(SRI S S MAHENDRA, AGA FOR R-5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.10002/2021 DATED 20/07/2021.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
-3-
JUDGMENT
This intra-Court appeal has been filed against the order
dated 20.07.2021 passed in W.P.No.10002/2021. The operative
portion of the order reads as under:
"3. The content of the affidavit are quite
alarming. It is shocking to see as to how the
system has been abused by motivated
individuals and property of Society, promoted
by the Government, has been knocked away
in such a daring fashion. Today, the Deputy
Registrar is present before the Court and on
instructions, learned High Court Government
Pleader submits that the Department has
decided to formally lodge a complaint with the
jurisdictional Police and action in this regard
will be taken by 22.07.2021.
In the light of the submissions made
and in the light of the affidavit, which is taken
on record, the writ petition stands disposed of
in the above terms."
2. Learned counsel for the appellants submits that
although they were parties in the writ petition, no notice was
issued to them before passing of the impugned order. He
further submits that in pursuance of the impugned order, First
Information Report has been lodged against the appellants in
Crime No.177/2021 in Halasuru Gate Police Station, Bengaluru
on 19.09.2021.
3. We have considered the submissions of learned
counsel for the appellants and gone through the records. In
case any complaint or FIR has been lodged against the
appellants, that in itself would not cause any prejudice to the
appellants herein. However, we find some force in the
submission made by the learned counsel for the appellants.
The appellants are asserting right, title on the basis of the
registered sale deed and they claim to be bona fide purchasers.
However, prima facie, it appears that the appellants were not
heard before passing of the impugned order. Therefore, we
give liberty to the appellants to prefer a review petition against
the impugned order and pursue their remedy before the writ
Court.
4. With these observations, the writ appeal stands
disposed of.
5. The pending interlocutory application does not
survive for consideration and is accordingly disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
bkv
