MAHABALESHWAR S/O. SUBRAYA JOSHI SINCE DIED BY HIS LRS v. JOINT REGISTRAR (R.441)
WP/105249/2025 · 2025-11-24
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49908 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49908 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16212 WP No. 105249 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105249 OF 2025 (CS-RES)
BETWEEN:
1. MAHABALESHWAR S/O. SUBRAYA JOSHI SINCE DIED BY HIS LRS
SUMANGALA W/O. LATE MAHABALESHWAR JOSHI, AGE. 75 YEARS, OCC. HOUSEWIFE,
2. PRAVEEN S/O. LATE MAHABALESHWAR JOSHI AGE. 45 YEARS, OCC. JOB HOLDER,
3. PRABHATH S/O. LATE MAHABALESHWAR JOSHI AGE. 39 YEARS, OCC. JOB HOLDER,
PETITIONER NO.1 TO 3 ARE RESIDENT OF VINAYAKA COLONY, TALUK. SHIRASI-581402 DIST. UTTAR KANNADA. &PETITIONERS (BY SRI. BASAVARAJ N. PATIL, ADVOCATE)
AND:
1. JOINT REGISTRAR (R.441) KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., NO.246, 18TH CROSS, MARGOSA ROAD, MALLESWARAM, BENGALURU-560055. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16212 WP No. 105249 of 2025
2. CHIEF EXECUTIVE OFFICER KANCHIKA CREDIT SOUHARDHA SHAKARI NI, NO.3, 2ND FLOOR, N.K. COMPLEX, KESHWAPUR, TALUK. HUBBALLI-580023 DIST. DHARWAD. 3. M/S PRAVEEN ELECTRICAL WORKS PROP. PRAKASH S/O. CHANDRASHEKAR ANGADI AGE. MAJOR, OCC. BUSINESS, L.B.S. COMPLEX, SHOP NO.4, 5 MULUGUND NAKA, POST. GADAG, TALUK AND DIST. GADAG-582101. &RESPONDENTS
(BY SRI.RAMESH CHIGARI, AGA;
SRI. S.A SANDUR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
A) QUASHING THE ORDER DATED 05/06/2025 PASSED BY THE RESPONDENT NO.1 ON IA NO.3 FILED BY THE PETITIONERS HEREIN IN DISPUTE NO.JRD/KARAASOUSUMSANI/5383/2021- 22 PRODUCED AS ANNEXURE-G TO THE WRIT PETITION. B) COST AND SUCH OTHER RELIEFS DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:16212 WP No. 105249 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioners are before this court seeking the following prayer: A) <Quashing the order dated 05/06/2025 passed by the respondent No.1 on IA No.3 filed by the petitioners herein in dispute No.JRD/KaRaaSouSumSaNi/5383/2021-22 produced as ANNEXURE-G to the writ petition. B) Cost and such other reliefs deems fit to grant under the circumstances of the case.=
2. Learned counsel for the respondents submits that what is called in question is an interim order.
The Joint Registrar of Co-operative Societies is an authority against whose orders an appeal lies before the Karnataka Appellate Tribunal under Section 106 of the Co-operative Societies Act. 3. In light of this, I deem it appropriate to dispose of the petition, reserving liberty to the petitioners to file a revision petition under Section 106 of the Co-operative Societies Act. 4. In the event such a revision is filed, it shall be entertained without reference to limitation, and the Tribunal shall consider it in accordance with law and pass necessary orders thereon. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB/List No.: 1 Sl No.: 150