- 1 - HC-KAR NC: 2025:KHC:54801 WP No. 39117 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 39117 OF 2025 (CS-RES) BETWEEN: 1. SRI.VISHWANATH V. M, S/O MADE GOWDA AGED ABOUT 47 YEARS, PRESIDENT VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY LTD VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 401. 2. SRI RAJU S/O KEMPEGOWDA AGED ABOUT 46 YEARS VICE PRESIDENT, VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY LTD VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 401. 3. SRI MADEGOWDA S/O CHIKKEPUTTEGOWDA, AGED ABOUT 64 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54801 WP No. 39117 of 2025 CO-OP SOCIETY LTD VADDARAHALLI, MALAVALLI TALUK MANDYA - 571 430. 4. SRI. MAHADEVASWAMY, S/O. DODDAIAH, AGED ABOUT 44 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY LTD VADDARAHALLI, MALAVALLI TALUK MANDYA - 571 430. 5. SRI. CHOWDAIAH S/O. MARIGOWDA, AGED ABOUT 46 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY LTD VADDARAHALLI, MALAVALLI TALUK MANDYA - 571 430. 6. SRI. M. SHIVALINGEGOWDA S/O. MADEGOWDA, AGED ABOUT 58 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY LTD VADDARAHALLI, MALAVALLI TALUK MANDYA - 571 430. 7. SMT. VENKATALAKSHMAMMA, W/O. LATE CHOWDEGOWDA, AGED ABOUT 55 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS - 3 - HC-KAR NC: 2025:KHC:54801 WP No. 39117 of 2025 CO-OP SOCIETY LTD VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. 8. SRI. H. V. SHIVARUDRAPPA, S/O. D.H. VEEREGOWDA, AGED ABOUT 66 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY LTD VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. 9. SRI. V. K. NANJUNDEGOWDA S/O. KEMPEGOWDA, AGED ABOUT 44 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY LTD VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. 10. SMT. RAJAMMA W/O. CHIKKATHIMMAIAH, AGED ABOUT 57 YEARS. DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY LTD VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. …PETITIONERS (BY SRI.JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES MANDYA SUB DIVISION MANDYA - 571 401. - 4 - HC-KAR NC: 2025:KHC:54801 WP No. 39117 of 2025 2. SRI. CHOWDESH, S/O SANNEGOWDA, AGE MAJOR, MEMBER, VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY, MALAVALLI TALUK, MANDYA - 571 401. 3. VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY REP. BY ITS CHIEF EXECUTIVE OFFICER VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. SOCIETY REGISTERED UNDER KCS ACT 1959. 4. CO-OPERATIVE DEVELOPMENT OFFICER MALAVALLI TALUK OFFICE OF ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES MANDYA SUB DIVISION MANDYA - 571 401. …RESPONDENTS (BY SRI.B.S.GURUSWAMY., AGA FOR R1) (SRI.A.MOHAMMED TAHIR., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED PRAYING TO DIRECT THE KARNATAKA APPELLATE TRIBUNAL TO CONSIDER THE CO-OP APPEAL FR NO. 318/2025 ALONG WITH IA FOR STAY IMMEDIATELY AND PASS APPROPRIATE INTERIM ORDER ON IA NO.1 FOR STAY AT EARLIEST. - 5 - HC-KAR NC: 2025:KHC:54801 WP No. 39117 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: a) Issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the Karnataka Appellate Tribunal to consider the Co-op Appeal F R No.318/2025 along with IA for stay immediately and pass appropriate interim order on IA No.1 for stay at earliest. b) Pass any such other appropriate orders that deems fit under the circumstances explained above. 2. It is the contention of the petitioners that they had filed W.P.No.32771/2025 and this Court, vide order dated 18.11.2025, reserved liberty to the petitioners to invoke the appellate remedy as per Section 106 of the - 6 - HC-KAR NC: 2025:KHC:54801 WP No. 39117 of 2025 Karnataka Co-operative Societies Act, 19591 and approach the Karnataka Appellate Tribunal2 and the interim order granted in the said Writ Petition was extended till the appeal remedy was invoked. It is the case of the petitioner that Appeal No.318/2025 has been filed before the Tribunal and the Tribunal has not yet ordered upon the interim application filed along with the appeal. 3. Learned counsel for the second respondent submits that the interim stay granted by this Court in W.P.No.32771/2025 was with regard to the order dated:23.10.2025, which was the order of disqualification of the petitioners and that the order appointing the Special Officer was not under challenge. It is further submitted that in the interim application filed before the Tribunal, the petitioners have called in question the disqualification order dated:23.10.2025 as also the order dated:23.10.2025 appointing the Special Officer . 1 hereinafter referred to as 'Act' 2 hereinafter referred to as 'Tribunal' - 7 - HC-KAR NC: 2025:KHC:54801 WP No. 39117 of 2025 4. In view of the aforementioned, the present Writ Petition is disposed of by holding that the interim order granted in W.P.No.32771/2025 shall stand extended until passing of the orders by the Tribunal on the interim application filed in Appeal No.318/2025. It is made clear that the interim protection is limited to interim order of stay granted in Writ Petition No.32771/2025. 5. All rights and contentions of parties are reserved. Sd/- (C.M. POONACHA) JUDGE MRP List No.: 1 Sl No.: 152