Karnataka High Court
Sri.Narasimahe Gowda vs The State Of Karnataka on 8 August, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:31720
WP No. 26470 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.26470 OF 2023 (CS-RES)
BETWEEN:
1. SRI.NARASIMAHE GOWDA,
S/O SHINGRI GOWDA,
AGED ABOUT 75 YEARS,
SABHANA KUPPE VILLAGE,
K SHETTY HALLI HOBALI,
SHRIRANGAPATNA TALUK - 571 807.
2. SRI. CHANDRA,
S/O NARASIMAHE GOWDA,
AGED ABOUT 35 YEARS,
SABHANA KUPPE VILLAGE,
K SHETTY HALLI HOBALI
SHRIRANGAPATNA TALUK - 571 807.
3. SMT. VASANTA,
D/O NARASIMAHE GOWDA,
Digitally AGED ABOUT 42 YEARS,
signed by
Vandana S SABHANA KUPPE VILLAGE,
Location: K SHETTY HALLI HOBALI,
HIGH COURT SHRIRANGAPATNA TALUK - 571 807.
OF
KARNATAKA
4. SMT. LEELA,
D/O NARASIMAHE GOWDA,
AGED ABOUT 37 YEARS,
SABHANA KUPPE VILLAGE,
K SHETTY HALLI HOBALI,
SHRIRANGAPATNA TALUK - 571 807.
...PETITIONERS
(BY SRI. SRINIVAS V., ADVOCATE)
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WP No. 26470 of 2023
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION,
M S BUILDING, DR B.R.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
REP. BY ITS PRINCIPAL SECRETARY.
2. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY
PANDAVAPURA SUB-DIVISION,
PANDAVAPURA - 571 434.
3. THE CHIEF EXECUTIVE OFFICER
THE PRIMARY AGRICULTURAL CO-OPERATIVE
SOCIETY, TADAGAVADI,
SRIRANGAPATNA TALUK - 571 807.
4. S N LOKESH,
S/O NARASIMAHE GOWDA,
AGED ABOUT 40 YEARS,
EX-CHIEF EXECUTIVE OFFICER,
THE PRIMARY AGRICULTURAL
CO-OPERATIVE SOCIETY
SRIRANGAPATNA TALUK - 571 807.
ALSO: SUBBHANA KUPPE VILLAGE,
K SHETTY HALLI VILLAGE,
SRIRANGAPATNA TALUK - 571 807.
5. K KRISHNE GOWDA
S/O KENCHE GOWDA,
SABBANA KUPPE VILLAGE,
K. SHETTY HALLI VILLAGE,
SRIRANGAPATNA TALUK - 571 807.
...RESPONDENTS
(BY SMT.PRATHIBHA R.K., AGA FOR R1 & R2;
SRI. KRISHNE GOWDA., ADVOCATE FOR R5;
R3 & R4 ARE SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER PASSED BY THE HON'BLE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES, PANDAVAPURA SUB-DIVISION,
PANDAVAPURA (R2) IN EXECUTION PROCEEDINGS NO.01/2023-24
VIDE ORDER DTD 05.10.2023 I.E., ANNEXURE-F TO THE WRIT
PETITION AND CONSEQUENTLY DISMISS THE APPLICATION FILED
BY THE R3 ON 20.07.2023 VIDE ANNEXURE-C.
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WP No. 26470 of 2023
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek the following reliefs:
"(a) Issue a writ of certiorari or any other writ of like
nature and quash the order passed by the Hon'ble Assistant
Registrar of Co-operative Societies, Pandavapura Sub-
Division, Pandavapura (Respondent No.2) in Execution
Proceedings No.AR-40/DDS/Others - 01/2023-24 vide order
dated 05.10.2023 i.e., Annexure F to the writ petition and
consequently dismiss the application filed by the respondent
No.3 on 20.07.2023 (Vide Annexure C) and
(b) Grant any other remedy that this Hon'ble Court
deems fit in the facts and circumstances of the case."
2. Heard learned counsel for the petitioners and learned
counsel for the respondents and perused the material on record.
3. Learned counsel for the petitioners submits that they
are the legal representatives of Smt. Parvathamma, who was
arrayed as original Judgment Debtor No.2 in the Execution
Proceedings No.AR-40/DDS/Others-01/2023-24 and upon her
demise on 02.02.2023, the said execution proceedings did not
survive as against the petitioners or their predecessors and
consequently, respondent No.2 committed an error in directing the
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petitioners to be brought on record as legal representatives of the
deceased Smt. Parvathamma and as such, the petitioners are
before this Court by way of the present petition.
4. Though respondent No.2 seems to have assigned
certain reasons for bringing the petitioners on record as legal
representatives of deceased Smt. Parvathamma, suffice it to state
that all contentions urged by the petitioners in the present petition
including their alleged liability to answer the claim made against
Smt.Parvathamma, maintainability of the proceedings against the
petitioners, etc., would necessarily have to be decided by
respondent No.2 during the course of execution proceedings. It is
needless to state that petitioners have been brought on record for
the limited purpose of representing the estate of the deceased Smt.
Parvathamma, who was undisputedly Judgment Debtor No.2 in the
instant execution proceedings and consequently, I deem it just and
appropriate to dispose of this petition leaving open all contentions
urged / to be urged by the petitioners in the execution proceedings
to be decided by respondent No.2, in accordance with law, without
being influenced by the findings and observations recorded in the
impugned order.
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5. Subject to the aforesaid observations and directions,
the petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SV
