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2026 DAILYLAW 50650 (KAR)

SRI PRABHAKAR PRABHU v. SRI VENKATARAMANA SWAMY VIDYA VARDHAKA SANGHA R

WA/1693/2025 · 2026-02-02

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5622-DB WA No. 1693 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1693 OF 2025 (GM-KSR) BETWEEN: 1. SRI PRABHAKAR PRABHU S/O. B. L. N. PRABHU AGED ABOUT 74 YEARS SRINIVAS APARTMENT OPP. TO SVS DEVASTHANA MAIN ROAD BANTWAL - 574 211 2. SRI BHAMY VENKATRAM SHENOY S/O. MADAVA SHENOY AGED ABOUT 82 YEARS R/O. NO. 6/1, VIVEKANANDA ROAD YADAVAGIRI, MYSORE - 570 020 3. SRI BHAMY NARAYAN SHENOY S/O. LATE BHAMY VAMANA SHENOY AGED ABOUT 69 YEARS R/O. BHAMY DASUR AND CO MAIN ROAD BANTWAL - 574 211 4. LAKSHMAN ACHUTA BALIGA S/O. LATE ACHUTHA BALIGA AGED ABOUT 76 YEARS R/O. MERCHANT, COLLEGE ROAD BANTWAL - 574 211 …APPELLANTS (BY SRI N. RAVINDRANATH KAMATH, SENIOR ADVOCATE FOR SRI MOHAMMED ASHHAR C.K., ADVOCATE) Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5622-DB WA No. 1693 of 2025 AND: 1. SRI VENKATARAMANA SWAMY VIDYA VARDHAKA SANGHA R VIDYA VARDHAKA SANGHA (R) VIDYAGIRI, BANTWAL - 574 211 DAKSHINA KANNADA REPRESENTED BY JOINT SECRETARY KUDIGE PRAKASH SHENOY S/O. LATE K. SURENDRA SHENOY AGED ABOUT 48 YEARS (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD BENGALURU - 560 052 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION PUBLIC OFFICERS BUILDING NEW SAYYAJI ROAD MYSORE - 570 024 5. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DISTRICT REGISTRAR OF SOCIETIES JANATHA BAZAR 1ST FLOOR, GANAPATHI HIGH SCHOOL ROAD MANGALURU - 575 001 - 3 - HC-KAR NC: 2026:KHC:5622-DB WA No. 1693 of 2025 6. H. N. RAMESH S/O. NOT KNOWN TO PETITIONER AGE NOT KNOWN TO THE PETITIONER THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/DISTRICT REGISTRAR OF SOCIETIES, JANATHA BAZAR, 1ST FLOOR, GANAPATHI HIGH SCHOOL ROAD MANGALURU - 575 001 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-2 TO 5) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 03.09.2025 IN WRIT PETITION No.25099/2025 ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN DEFERRING THE DISPUTE PENDING BEFORE THE REGISTRAR OF COOPERATIVE SOCIETY MANGALORE IN DISPUTE No.DRP.S9.SANGHASAMASTHE.01.2022-23 CONSEQUENTLY, THE SAID OFFICER MAY BE DIRECTED TO DISPOSE OF THE MATTER IN DISPUTE No.DRP.S9.SANGHASAMASTHE.01.2022-23 CASE FORTHWITH IN COMPLIANCE WITH THE DIVISION BENCH OF THIS HON'BLE COURT DATED 19.11.2024 IN W.A.No.1412/2023 AND SUCH OTHER ORDER AND ORDERS MAY BE PASSED AS THIS HON'BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY WITH COST OF THIS APPEAL. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:5622-DB WA No. 1693 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The present appeal has been filed impugning an interim order dated 03.09.2025 passed by the learned Single Judge of this Court in W.P.No.25099/2025 (GM-KSR), whereby the enquiry conducted by respondent No.5, the Deputy Registrar of Co- operative Societies, has been directed to be deferred till the next date of hearing. 2. The learned counsel for the appellants drew the attention of this Court to the order dated 19.11.2024 passed by a Division Bench of this Court in W.A.No.1412/2023 and connected matters. He submits that the enquiry was directed to be completed in a time bound manner. 3. The said order indicates that respondent No.2 therein, the Registrar of Societies and Deputy Registrar of Co-operative Societies, D.K.Mangaluru was directed to afford sufficient opportunity to the parties and thereafter, submit a report. The parties were directed to appear before the said authority on 11.12.2024 and the Court had further directed that as far as - 5 - HC-KAR NC: 2026:KHC:5622-DB WA No. 1693 of 2025 possible the proceedings be concluded within a period of three months from the date of appearance of the parties. 4. The learned counsel for the appellants submits that in view of the interim order, the said directions have been practically frustrated. 5. Considering that the impugned order passed is an ad interim order, we do not consider it apposite to entertain the present appeal. However, liberty is granted to the appellants to draw the attention of the learned Single Judge to the order passed by Division Bench, which is relied upon by the appellants and seek appropriate orders. 6. The appeal is disposed of with the aforesaid observations. 7. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS, List No.: 2 Sl No.: 25