- 1 - HC-KAR NC: 2026:KHC:26077 WP No. 26962 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.26962 OF 2023 (CS-RES) BETWEEN: 1. SRI SUDHAKAR DONGRE AGED ABOUT 46 YEARS, S/O PADMANABHA DONGRE, MEMBER NO.2307 KALYANA MANE, MALA POST, KARKALA TALUK, UDUPI DISTRICT - 574122. …PETITIONER (BY SRI. SACHIN B S., ADVOCATE) AND: 1. MALA KARAVASHE VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITH REGISTER UNDER CO-OPERATIVE SOCIETIES ACT, MALA VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574122 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. PUSHPARAJ SHETTY AGED ABOUT 47 YEARS, S/O SHYAMA B SHETTY, PREMA NILAYA, MANJALTHAR POST, MALA VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574122. 3. VENKATESH GORE S/O CHANDRASHEKAHAR BHAT, MAJOR, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26077 WP No. 26962 of 2023 R/AT MALA VILLAGE AND POST, KARKALA TALUK, UDUPI DISTRICT - 574122. 4. PURANIK MARATE S/O RAMA BHAT, MAJOR, R/AT HERANJE, MALLAR, MALA VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574122. 5. RAVI SHETTY S/O SHYAMA SHETTY, MAJOR, PREMA NILAYA, MANJALTHAR POST, MALA VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574122. 6. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES REGISTER UNDER CO-OPERATIVE SOCIETIES ACT, KUNDAPURA SUB-DIVISION, KUNDAPURA - 576201 REPRESENTED BY ITS ASSISTANT REGISTRAR. …RESPONDENTS (BY SRI. JAYAKARA SHETTY H., ADVOCATE R.1; SRI. RAKSHITH KUMAR, ADVOCATE FOR R.3; R.2, R.4 AND R.5 ARE SERVED SMT. SPOORTHI V., HCGP., FOR R.6) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 12.09.2023 AND 13.09.2023 IN DISPUTE NO.14/2022-23 PASSED BY THE RESPONDENT NO.6 AS PER ANNEXURES-A AND B AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER TO REOPEN THE CASE AND PERMIT THE PETITIONER TO BE CROSS EXAMINED, ETC. - 3 - HC-KAR NC: 2026:KHC:26077 WP No. 26962 of 2023 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner has raised a dispute No.14/2022-23 before respondent No.6. However, on 12.09.2023, the same has been dismissed for non-prosecution. On the ground that the petitioner was unwell on the given date, he has filed an application before respondent no.6 seeking recall of the said order. However, the same has been rejected. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that he has a good case on merits. For reasons beyond his control, he could not attend the proceedings before respondent No.6 on two consecutive hearing dates, which resulted in dismissal of the dispute. The petitioner submits that, if an opportunity of hearing is given to him, he would diligently pursue his case without seeking any adjournment. - 4 - HC-KAR NC: 2026:KHC:26077 WP No. 26962 of 2023 3. Per contra, learned counsel appearing for the contesting respondents opposes the allowing of the writ petition and submits that several opportunities were given to the petitioner by respondent no.6 and he has failed to utilise the same and the dispute raised by him has been dismissed because of his own callousness and not otherwise. 4. However, under the given peculiar facts and circumstances of the case, I am of the opinion that interest of justice would be met if an opportunity is given to the petitioner to conduct his case before respondent No.6 with a direction to him to do so without requesting any further adjournments and to pursue his case diligently. Hence, the following:- ORDER i. The writ petition is disposed of. ii. The impugned order dated 12.9.2023 vide Annexure-A to the writ petition and the impugned order dated 13.09.2023 vide Annexure-'B' to the writ petition both passed by respondent No.6 is hereby set aside. - 5 - HC-KAR NC: 2026:KHC:26077 WP No. 26962 of 2023 iii. The dispute No.14/2022-23 which was pending before respondent No.6 is hereby restored to file. iv. Parties shall appear before respondent No.6 on 06.07.2026 without further notice. v. Respondent No.6 shall hear the parties concerned in accordance with law from the same stage when the matter was dismissed for non- prosecution and thereafter, pass appropriate orders in accordance with law. vi. Petitioner shall prosecute his case diligently before respondent No.6 without asking for any further adjournment. vii. Petitioner shall pay a cost of Rs.5,000/- to the respondent No.1 - Society. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 56