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2026 DAILYLAW 2109 (KAR)

SRI HARIPRASAD v. STATE OF KARNATAKA

WP/7857/2026 · 2026-03-10

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14814 WP No. 7857 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.7857 OF 2026 (CS-RES) BETWEEN: 1. SRI. HARIPRASAD S/O G.S. KRISHNAMURTHY, AGED ABOUT 56 YEARS, R/AT NO.3319, 10TH MAIN, KUMARASWAMY LAYOUT II STAGE, BENGALURU - 560 078. 2. SMT. DEEPA HARIPRASAD, W/O SRI. HARIPRASAD, AGED ABOUT 44 YEARS, R/AT NO.3319, 10TH MAIN, KUMARASWAMY LAYOUT II STAGE, BENGALURU - 560 078. 3. SRI. RAMESH BABU C.S, S/O SRINIVAS C.R, AGED ABOUT 67 YEARS, R/AT NO.91, 5TH CROSS, KEMPAPURA AGRAHARA, VHBCS LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. 4. SMT. KAVITHA. S, W/O RAMESH BABU, AGED ABOUT 60 YEARS, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14814 WP No. 7857 of 2026 R/AT NO.91, 5TH CROSS, KEMPAPURA AGRAHARA, VHBCS LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. …PETITIONERS (BY SRI. MITHUN G.A., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATIVE SOCIETIES M.S BUILDING, DR. BR AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, REGISTRAR OF CO-OPEARATIVE SOCIETIES, KARNATAKA STATE, HAVING OFFICE AT NO.1, ALI ASKER ROAD, BENGALURU - 560 052. 3. LAKSHMAN S/O CHIKANNA AGED : MAJOR HAVING ITS REGISTERED OFFICE AT, NO. 548, 4TH MAIN, 2ND STAGE, WOC ROAD, MAHALAKSHMIPURAM, BENGALURU - 560 086. REPRESENTED BY ITS MANAGING DIRECTOR - 3 - HC-KAR NC: 2026:KHC:14814 WP No. 7857 of 2026 SRI. VINAY LAKSHMAN S/O LAKSHMAN. 4. PANKAJA S. W/O KRISHNA KUMAR B.A., AGED ABOUT 46 YEARS WORKING AS ASSISTANT REGISTRAR (SS) CHAMBER NO.FF64 HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R2; V/O DATED 10.03.2026 NOTICE TO R3 IS DISPENSED WITH; SMT. PANKAJA S., R4-PARTY IN PERSON) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION FILED UNDER ORDER XII RULE 6 OF CPC IN DISPUTE PETITION NO. 34/2025-26 BY THE PETITIONERS DATED 25.02.2026 VIDE ANNEXURE-A AND THE MEMO DATED 02.03.2026 BEARING NO. DISPUTE.NO.ANI(H & M)/D2/NMD/34/25-26 VIDE ANNEXURE-D FILED BY THE RESPONDENT NO.3 CONCEDING TO THE DISPUTE PETITION AND WILLING TO RETURN THE SUBJECT MATTER OF THE DISPUTE TO AVOID ANY FURTHER ESCALATION AGAINST THE PETITIONERS, AND TO ACCORDINGLY DISPOSE OF THE MATTER EXPEDITIOUSLY BY CONSIDERING THE APPLICATION FILED BY THE PETITIONERS AND TO PASS ORDERS ON THE SAME. - 4 - HC-KAR NC: 2026:KHC:14814 WP No. 7857 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The prayer made by the petitioners is to direct respondent No.2 to consider the application filed by the petitioners under Order XII Rule 6 of CPC in Dispute No.34/2025-26 (Annexure-A) and also the memo dated 02.03.2026 (Annexure-D)filed by the respondent No.3 conceding to the dispute petition. 3. Sri. Mithun G.A., learned counsel appearing for the petitioners contended that, though the application is filed by the petitioners and respondent No.3, however, respondent No.2 has not considered the same and therefore, it is contended that, direction be issued to respondent No.2 to consider the application filed under Order XII Rule 6 of CPC. - 5 - HC-KAR NC: 2026:KHC:14814 WP No. 7857 of 2026 4. Smt. Pankaja S., Party-in-person submitted that, she has also filed identical application before the respondent No.2 - authority in the Dispute and the same is pending consideration before the said authority. It is also contended by the Party-in- person that any such order that may be passed in the application filed by the petitioners herein under Order XII Rule 6 of CPC would affect the rights of the impleading applicant as well. 5. In that view of the matter, without expressing any opinion on the merits of the case, respondent No.2 is directed to consider the application filed by the petitioners herein under Order XII Rule 6 of CPC in Dispute No.34/2025-26 and the Memo dated 02.03.2026 filed by respondent No.3. It is also made clear that while considering the application filed by the petitioners herein and the Memo dated 02.03.2026, the respondent No.2 shall also afford opportunity of hearing to the party-in-person/respondent No.4 herein as the impleading application filed by her is pending consideration before the said authority. - 6 - HC-KAR NC: 2026:KHC:14814 WP No. 7857 of 2026 6. Accordingly, taking into consideration the exigency expressed by the learned counsel appearing for the petitioners and the respondent No.4/party-in-person, respondent No.2 is directed to pass appropriate order in accordance with law as mentioned above, after affording opportunity of hearing to the petitioners as well as the respondent No.4, within two months from the date of receipt of certified copy of this order. 7. With the above observation, the Writ Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 1