- 1 - NC: 2025:KHC-D:7234 WP No. 103333 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.103333 OF 2025 (GM-CPC) BETWEEN: 1. KARNATAKA LINGAYAT EDUCATION SOCIETY COLLEGE ROAD, BELAGAVI R/BY ITS CHAIRMAN BOARD OF MANAGEMENT COLLEGE ROAD, BELAGAVI-590002. 2. KLE SOCIETY’S J.N. MEDICAL COLLEGE NEHRU NAGAR, BELAGAVI-590002 REPRESENTED BY TIS PRINCIPAL …PETITIONERS (BY SRI. HIREMATH MALLIKARJUNASWAMY BASAYYA, ADVOCATE) AND: SHRI BABASHEB S/O IRANAGOUDA DESAI AGE. 59 YEARS, OCC. RETIRED, R/O. H.NO.482, DESAI GALLI, KAKATI, BELAGAVI-590002. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF CERTIORARI ORDER DATED 28.04.2025 PASSED BY IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER ADDL. MACT, BELAGAVI ON I.A.NO.1 PRODUCED AT ANNEXURE-F IN R.A.NO.30/2025 INSOFAR AS IT RELATES TO DEPOSIT OF 50% OF DECRETAL AMOUNT IS CONCERNED & ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.05.29 17:29:09 +0530 - 2 - NC: 2025:KHC-D:7234 WP No. 103333 of 2025 ORAL ORDER The petitioners assailing the judgment and decree rendered in OS No.298/2022 have preferred an appeal in RA No.30/2025. The petitioners primary ground of objection in appeal filed in RA No.30/2025 is that the suit seeking recovery of Dearness Allowance, Salary revision and earned leave encashment facility cannot be adjudicated before the competent Civil Court. This objection is based on the judgment rendered in favour of petitioners’ Society in analogues cases, where this Court has held that employee of petitioners’ Society cannot maintain a suit. 2. The principal apprehension expressed by the petitioners is that, although the Appellate Court has granted an order of stay against the operation and execution of the judgment and decree passed in O.S. No. 298/2022, the said stay is conditional in nature. The condition imposed requires the petitioners to deposit 50% - 3 - NC: 2025:KHC-D:7234 WP No. 103333 of 2025 of the decreetal amount. The petitioners are concerned that upon such deposit being made, the respondent may file an application or memo seeking withdrawal of the said amount, and there is a genuine apprehension that the Court may permit such withdrawal, thereby rendering the conditional stay order detrimental to the interests of the petitioners. 3. This Court is of the considered view that the apprehension entertained by the petitioners is not entirely unfounded. However, it is well within the rights of the petitioners to resist and contest any application or memo that may be filed by the respondent seeking withdrawal of the deposited amount. In the event such a request is made by the respondent, the petitioners may file appropriate objections before the Appellate Court and bring to its notice the decision rendered in RSA No. 100889/2023, wherein it has been held that the relief granted to the respondent could not have been - 4 - NC: 2025:KHC-D:7234 WP No. 103333 of 2025 entertained by the competent Civil Court. The petitioners are at liberty to rely upon the said precedent to substantiate their objection and demonstrate that permitting the respondent to withdraw the amount would be legally untenable. 4. At this stage, this Court is of the view that the present writ petition is not maintainable, inasmuch as the petitioners' Society cannot be said to be aggrieved by the conditional stay order passed by the Appellate Court. The said order, on its face, grants a stay in favour of the petitioners, albeit on a condition. Therefore, the appropriate course available to the petitioners is to contest any application that may be filed by the respondent seeking withdrawal of the deposited amount. As and when such an application is filed, the petitioners may submit their objections along with reliance on RSA No.100889/2023, and it shall be incumbent upon the - 5 - NC: 2025:KHC-D:7234 WP No. 103333 of 2025 Appellate Court to consider such objections on their merits and pass appropriate orders in accordance with law. Reserving such liberty, Writ Petition is disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VMB, CT:VP LIST NO.: 1 SL NO.: 13