Karnataka High Court
Dattaprasad Co Operative Society ... vs Smt Chandramathi Trasi on 15 November, 2023
Bench: V Srishananda
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NC: 2023:KHC:40801
RFA No. 1432 of 2006
C/W RFA No. 1435 of 2006
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1432 OF 2006 (DEC)
C/W
REGULAR FIRST APPEAL NO. 1435 OF 2006
IN RFA NO.1432/2006
BETWEEN:
DATTAPRASAD CO OPERATIVE SOCIETY LTD
260, 10TH MAIN, MALLESWARAM
BANGALORE-560003.
REPRESENTED BY ITS
CHIEF EXECUTIVE/SECRETARY
...APPELLANT
Digitally signed by R
MANJUNATHA (BY SRI. SATISHCHANDRA N D.,
Location: HIGH AND SRI. K.R. NETHRAVATHI, ADVOCATES)
COURT OF
KARNATAKA
AND:
1. SMT CHANDRAMATHI TRASI
W/O RAMACHANDRA TRASI
SINCE DECEASED BY LRS
(a) DILIP CHANDRA TRASI
S/O LATE RAMACHANDRA TRASI
R/O A-II-2, DATTAPRASAD COOPERATIVE
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NC: 2023:KHC:40801
RFA No. 1432 of 2006
C/W RFA No. 1435 of 2006
HOUSING SOCIETY LTD., 260,
8TH MAIN, 12TH CROSS, MALLESHWARAM
BANGALORE-560003
(b) PRADEEP CHANDRA TRASI
S/O LATE RAMACHANDRA TRASI
R/O ATMA APARTMENTS,
13TH CROSS, MALLESHWARAM
BANGALORE-560003
2. MR H C JOSHI
ASST.REGISTRAR OF
CO-OPERATIVE SOCIETIES
MYSORE SUB DIVISION
PALACE OFFICE BUILDING
MYSORE-570001
WHEN SUIT WAS FILED R2 WAS
WORKING AS ASST. REG. OF
CO-OPERATIVE SOCIETIES,
BANGALORE.
...RESPONDENTS
(V/O DTD. 24/11/2006 GOVT. ADVOCATE FOR R2
(M.A. NOT FILED))
(SRI. AMITH M HEGDE, ADVOCATE FOR R1(A))
(V/O DTD. 22/9/2023 NOTICE TO R1(B) IS H/S)
THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGEMENT AND DECREE DT.27.02.2006 PASSED ON I.A. IN
O.S.NO.2341/2004 ON THE FILE OF THE VII ADDL.CITY CIVIL
JUDGE, BANGALORE (CCH.19) REJECTING THE PLAINT FILED
U/O 7 RULE 11 OF CPC.
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NC: 2023:KHC:40801
RFA No. 1432 of 2006
C/W RFA No. 1435 of 2006
IN RFA NO.1435/2006
BETWEEN:
DATTAPRASAD CO OPERATIVE SOCIETY LTD
260, 10TH MAIN, MALLESHWARAM
BANGALORE-560003.
REPRESENTED BY ITS
CHIEF EXECUTIVE/SECRETARY
...APPELLANT
(BY SRI. SATISHCHANDRA N D., ADVOCATE
SRI. K.R. NETHRAVATHI, ADVOCATE)
AND:
1. SRI. B.H. NARASIMHA SHENOY
S/O LATE KRISHNAIAH SHANBOGUE
SINCE DECEASED, BY LRS
(a) SRI. B. SHESHAGIRI SHENOY
S/O LATE B H N SHENOY
AGED ABOUT 62 YEARS
R/AT FLAT NO.X-2,
DATTAPRASAD CO-OPERATIVE
HOUSING SOCIETY LTD., 260,
10TH MAIN, MALLESHWARAM
BANGALORE-560003
(b) SMT. PAVITHRA@ RAJALAKSHMI NAYAK
D/O LATE B H N SHENOY
AGED ABOUT 55 YEARS
R/AT FLAT NO.X-2,
DATTAPRASAD CO-OPERATIVE
HOUSING SOCIETY LTD., 260,
10TH MAIN, MALLESHWARAM
BANGALORE-560003
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NC: 2023:KHC:40801
RFA No. 1432 of 2006
C/W RFA No. 1435 of 2006
(c)
SMT. POORNIMA
D/O LATE B H N SHENOY
AGED ABOUT 50 YEARS
R/AT FLAT NO.X-2,
DATTAPRASAD CO-OPERATIVE
HOUSING SOCIETY LTD., 260,
10TH MAIN, MALLESHWARAM
BANGALORE-560003
2. MR H C JOSHI
ASST.REGISTRAR OF
CO-OPERATIVE SOCIETIES
MYSORE SUB DIVISION
PALACE OFFICE BUILDING
MYSORE-570001
WHEN SUIT WAS FILED R2 WAS
WORKING AS ASST. REG. OF
CO-OPERATIVE SOCIETIES,
BANGALORE.
...RESPONDENTS
(V/O DTD. 24/11/2006 GOVT. ADVOCATE FOR R2
(M.A. NOT FILED))
(R1(A) & R1(C) SERVED & R1(B) RETURNED
WITH OFFICE OBJECTION)
THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGEMENT AND DECREE DT.27.02.2006 PASSED ON I.A. IN
O.S.NO.2342/2004 ON THE FILE OF THE VII ADDL.CITY CIVIL
JUDGE, BANGALORE (CCH.19) REJECTING THE PLAINT FILED
U/O 7 RULE 11 OF CPC.
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NC: 2023:KHC:40801
RFA No. 1432 of 2006
C/W RFA No. 1435 of 2006
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri. Satishchandra N.D., learned counsel for
appellant in both the cases and Sri. Amith M. Hegde learned
counsel for respondent No.1 (a) and Sri Prashanth Chandra S.,
learned counsel for respondent No.1 (b) in RFA No.1435/2006.
2. This Court in RFA No.1361/2006 and connected appeals,
has passed a detailed judgment, whereby this Court has held
that appeals are not maintainable and the remedy for the
appellant is before the appropriate forum in challenging the
order passed by the then Joint Registrar of Co-operative
Societies appointing the Deputy Registrar of Co-operative
Societies as the special officer and to pray for consequential
reliefs.
3. The facts of the present appeals are similar to the facts
involved in RFA No.1361/2006 and connected appeals disposed
of by this Court on 22.09.2023.
NC: 2023:KHC:40801
RFA No. 1432 of 2006
C/W RFA No. 1435 of 2006
4. The contesting respondents in both the appeals are also
the members of the society. They are now owners of the flats
owned by the society by virtue of the sale deed executed by
the special officer.
5. The facts are practically similar in these appeals.
Therefore, no further discussion is necessary in these appeals.
Accordingly, the following order is passed:
ORDER
Appeals are dismissed in terms of the judgment
passed by this Court in RFA No.1361/2006, dated 22nd
September, 2023 and connected appeals.
The observations made by this Court in RFA
No.1361/2006, reserving the liberty for the appellant to
take appropriate action is also reserved in these appeals
insofar as the appellant is concerned.
All contentions available to the parties are kept
open.
No order as to costs.
Sd/-
JUDGE
MR
