M/S AIRCRAFT EMPLOYEES CO OPERATIVE SOCIETY LTD v. M/S PRASHANTHI BUILDERS
WP/715/2022 · 2026-02-26
Tara Vitasta Ganju
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1483 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1483 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HC-KAR NC: 2026:KHC:12082 WP No. 715 of 2022
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 715 OF 2022 (GM-CPC)
BETWEEN:
M/S. AIRCRAFT EMPLOYEES CO-OPERATIVE SOCIETY LTD., NO.1ST CROSS, C.K.C. GARDEN, K.H.ROAD, BANGALORE-560 027.
REPRESENT THROUGH ITS CHIEF EXECUTIVE OFFICER, SRI. B.H.BALAJI S/O SRI. HONNAHALAGE GOWDA. …PETITIONER (BY SRI. R.A.DEVANAND., ADVOCATE) AND:
M/S. PRASHANTHI BUILDERS NO.24, MUNIMARAPPA GARDEN, 1ST CROSS, K.E.B. LAYOUT, SANJAY NAGAR, BANGALORE-560 094.
REPRESENTED BY PROPRIETRIX, SMT. GOWRAMMA …RESPONDENT (BY SRI. M.BABU., ADVOCATE) ***
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
HC-KAR NC: 2026:KHC:12082 WP No. 715 of 2022
- 2 -
ORDER PASSED BY THE COURT OF XXXIII ADDL CITY CIVIL JUDGE AND SESSIONS JUDGE AT BANGALORE (CCH NO.33) DTD. 20.12.2021 AT EXECUTION CASE NO.256/2019 WHICH
ORDER IS PRODUCED AS ANNEXURE-C BY ALLOWING THIS WRIT PETITION.
THIS WRIT PETITION, COMING ON FOR HEARING AND DISPOSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER
1. The present petition seeks to challenge an order dated 20.12.2021 passed by the learned XXXIII Additional City Civil and Sessions Judge at Bangalore (CCH-33) in Execution No.256/2019 [hereinafter referred to as the
“Impugned Order”].
2. This Court, by its order dated 04.02.2026, had
directed as follows:
“1. This Court by its order dated 04.03.2022, while issuing notice in the matter, had directed a stay of the proceedings in Execution Petition No.256/2019, subject to the petitioner depositing a sum of Rs.1,00,00,000/- (Rupees One Crore), within eight weeks from that date.
2. On a query put by the Court, the learned counsel for the petitioner submits that the deposit has not been made. Hence, clearly the interim order which was subject to the deposit, is not in existence.
3. The learned Trial Court is directed to proceed with the execution proceedings, in accordance with law.
4. The learned counsel appearing for the petitioner submits that an official of the Government has been
HC-KAR NC: 2026:KHC:12082 WP No. 715 of 2022
- 3 - appointed as an Administrator for the petitioner. He seeks some time to take instructions in the matter. At his request, list this matter on 06.02.2026 in List-2.”
3.
Learned counsel for the petitioner has informed the Court that an Administrator was appointed for the petitioner. Subsequently, this Court had issued notice to the Administrator on 06.02.2026 as follows:
“1. Learned counsel for the petitioner has filed a memo stating that by order dated 17.01.2026 of Joint Registrar of Co-operative Society, Bangalore Division, Bangalore, Sri Hamid Ullah Khan, Co-operative Development Officer, IIIrd Zone, Bangalore Urban District, Bangalore has been appointed as the Administrator of the petitioner society.
2. Accordingly issue emergent court notice to the Administrator Sri. Hamid Ullah Khan, Co-operative Development Officer, IIIrd Zone, Bangalore Urban District, Bangalore returnable by 26.02.2026.
3. List the petition on 26.02.2026.”
4. The report of the registry is that the notice stands served to the Administrator. However, none appears for the Administrator. Given what is stated above, this petition cannot proceed any further.
5. Accordingly, the petition is disposed off, granting liberty to the Administrator to revive it, if necessary, and
HC-KAR NC: 2026:KHC:12082 WP No. 715 of 2022
- 4 - in accordance with law. All pending applications stand closed. Sd/- (TARA VITASTA GANJU) JUDGE BMV* List No.: 2 Sl No.: 17 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA