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2025 DAILYLAW 85785 (KAR)

MAHABALESHWAR S/O SUBRAYA JOSHI SINCE DIED BY HIS LRS v. JOINT REGISTRAR (R.441)

WP/105251/2025 · 2025-12-15

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18180 WP No. 105251 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105251 OF 2025 (CS-RES) BETWEEN: 1. MAHABALESHWAR S/O. SUBRAYA JOSHI SINCE DIED BY HIS LRS., 2. SUMANGALA W/O. LATE MAHABALESHWAR JOSHI, AGE. 75 YEARS, OCC. HOUSEWIFE. 3. PRAVEEN S/O. LATE MAHABALESHWAR JOSHI, AGE. 45 YEARS, OCC. JOB HOLDER. 4. PRABHATH S/O. LATE MAHABALESHWAR JOSHI, AGE. 39 YEARS, OCC. JOB HOLDER, PETITIONER NO.1 TO 3 ARE R/O: VIANAYAKA COLONY TQ: SHIRASI – 581 402, DIST. UTTAR KANNADA. …PETITIONERS (BY SRI. BASAVARAJ N. PATIL, ADVOCATE) AND: 1. JOINT REGISTRAR (R.441), KARNATAKA STATE SHOUHARDA FEDERAL CO-OPERATIVE LTD., NO.246, 18TH CROSS Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:18180 WP No. 105251 of 2025 MARGOSA ROAD, MALLESHWARAM, BENGALURU – 560 055. 2. CHIEF EXECUTIVE OFFICER, KANCHIKA CREDIT SOUHARADHA SAHAKARI NI NO.3, 2ND FLOOR, N.K.COMPLEX, KESHWAPUR, TQ. HUBBALLI – 580 023, 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 NAIKA, POST. GADAG, TQ.DIST. GADAG – 582 101. …RESPONDENTS (BY SMT. NANDINI SOMPAUR, HCGP FOR R1; SRI. S.A.SONDUR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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/ KARA ASOUSUMSANI /5384/2021-22 PRODUCED AS ANNEXURE-G TO THE WRIT PETITION AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18180 WP No. 105251 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer: 2. Heard Sri.Basavaraj N. Patil, learned counsel for the petitioner, smt.Nandini Somapur, learned counsel for respondent No.1 and Sri.S.A.Sandur, learned counsel for respondent No.2. 3. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.105249/2025, disposed off on 24th November 2025. The Coordinate Bench of this Court held as follows: 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. - 4 - HC-KAR NC: 2025:KHC-D:18180 WP No. 105251 of 2025 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.” 4. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 1 Sl No.: 139