- 1 - HC-KAR NC: 2025:KHC:26599 WP No. 3714 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3714 OF 2024 (CS-RES) BETWEEN: SRI. C.A. SATYANARAYANA AGED ABOUT 51 YEARS, R/AT NO.23, 6TH CROSS, SIR M. VISHWESHWARAIAH LAYOUT, SIDEDAHALLI MAIN ROAD, BAGALAGUNTE, NAGASANDRA-POST, BANGALORE-560 073. …PETITIONER (BY SRI. B.M.KUSHALAPPA, ADVOCATE AND SRI. HARSHA R.N., ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE REGION, CHAMARAJPET, BANGALORE-560 018. 2. SRI. JAYACHAMARAJA CREDIT CO-OPERATIVE SOCIETY LTD. (REG) NO.21/1, SRI LAXMI VENKATESHWARA TEMPLE ROAD, MATADA HALLI, BANGALORE-560 032. REPRESENTED BY ITS: CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. HARISH A.N., AGA FOR R-1; SRI. A.C. NANJA REDDY, ADVOCATE FOR R2) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26599 WP No. 3714 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-(A) QUASH THE IMPUGNED ORDER DATED 20.12.2023, VIDE ANNEXURE-A, PASSED IN MISC.PETITION NO.3/2022, BY THE KARNATAKA APPELLATE TRIBUNAL AT BANGALORE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: “a) Issue a writ in the nature of CERTIORARI quashing the impugned order dated: 20/12/2023, Vide ANNEXURE: A, passed in Misc. Petition No. 3/2022, by the Karnataka Appellate Tribunal at Bangalore; b) This Hon'ble Court may kindly be pleased to allow the Misc. Petition No. 3/2022, dated: 08/02/2023, vide ANNEXURE: D, on the file of Karnataka Appellate Tribunal, at Bangalore, filed by the petitioner and consequently be pleased to pass order restoring the Appeal No.176 of 2017; to the file of Karnataka Appellate Tribunal, filed by the petitioner herein, for disposal of the same on merits, in accordance with law; and c) To pass any such other Writ, directions or order or Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:26599 WP No. 3714 of 2024 2. Vide order dated 20.12.2023 at Annexure-A, the second miscellaneous petition filed by the petitioner to recall of the dismissal of the petition for non-prosecution also came to be dismissed. Challenging the said order, the petitioner is before this Court. 3. The submission of Mr.B.M.Kushalappa, learned counsel for the petitioner is that though a long time has been spent in the matter, the records were received only on 22.2.2022. Thereafter, the petitioner was present on the next dates i.e., 21.3.2022, 23.05.2022, 17.6.2022, 6.7.2022, 14.7.2022 and 11.8.2022. The counsel could not be present on 7.9.2022 and no representation was made on 16.9.2022. The matter was adjourned to 25.10.2022 when there is no sitting. Thereafter, the petitioner was not present on 7.11.2022 noticing that the miscellaneous petition came to be dismissed. 4. The submission of the learned counsel is that the petitioner has a good case on merits and if the petitioner is put to terms, the petitioner would be present on the date so fixed by this Court before the Appellate Tribunal - 4 - HC-KAR NC: 2025:KHC:26599 WP No. 3714 of 2024 and address his arguments without seeking any adjournment. 5. The said request is vehemently opposed by the learned counsel for respondent No.2 by contending that the appeal have been filed in the year 2017, the interim order which had been granted had long lapsed, the petitioner not having got the interim order extended, execution proceedings had been filed which are going on. His submission is that the petitioner is protracting the matter and as such the Appellate Tribunal has rightly dismissed the miscellaneous petition. 6. Heard both the counsels. 7. I have gone through the order sheet. It is clear that the records were received only on 22.2.2022 and as such it is only thereafter that the aspect of delay and the absence of the petitioner, is required to be considered. As detailed supra, the petitioner has been present on almost all the dates except on 16.9.2022 and the date of dismissal i.e., 7.11.2022. The matter relating to recovery of money and - 5 - HC-KAR NC: 2025:KHC:26599 WP No. 3714 of 2024 as also sale of property belonging to the petitioner on account of the said property, being framed as security. 8. I am of the considered opinion that an opportunity would be required to be granted to the petitioner to defend the matter insofar as the miscellaneous petition is concerned on merits. In that view of the matter, I pass the following: ORDER i. Writ petition is allowed. ii. The order dated 20.12.2023 at Annexure-A in Miscellaneous Petition No.3/2023 passed by the Karnataka Appellate Tribunal, Bengaluru, is set aside. iii. The matter is remanded to the Karnataka Appellate Tribunal for fresh consideration of the miscellaneous petition on merits. iv. Since the order is passed in the presence of all the counsels, all the parties and their counsels so appeared - 6 - HC-KAR NC: 2025:KHC:26599 WP No. 3714 of 2024 before the Karnataka Appellate Tribunal, shall appear before the Karnataka Appellate Tribunal on 13.8.2025 at 2.30 p.m. without requirement of any further notice. 9. The submission of the learned counsel for the petitioner that he would not take any adjournment and arguments would be advanced on that day without fail is placed on record. 10. Needless to say that the Appellate Tribunal shall have to consider the Miscellaneous petition on merits as to whether the reasons attributed by the petitioner for not being present on the earlier occasion is genuine or not. SD/- (SURAJ GOVINDARAJ) JUDGE TL List No.: 1 Sl No.: 2