SMT. Y. NAGABINDU v. M KANKUPPI
Case at a glance
- Bench
- PRADEEP SINGH YERUR
Provisions considered
- Constitution of India art. 226
- Karnataka Souharda Sahakari Act, 1997 s. 41
Judgment
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102652 OF 2025 (CS-DAS) BETWEEN:
1. SMT. Y. NAGABINDU W/O. Y. SWARNAPRAKASH, AGE: 38 YEARS, OCC: AGRICULTURIST, R/O. HOUSE NO.356, AREAL ROAD WARD NO.4, WADDAR HATTI CAMP, TQ: GANGAVATHI, DIST: KOPPAL-583231.
2. SHRI Y. SWARNAPRAKSH S/O. GUNDAYYA, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. HOUSE NO.356, AREAL ROAD WARD NO.4, WADDAR HATTI CAMP, TQ: GANGAVATHI, DIST: KOPPAL-583231.
3. SMT. MAHALAXMI D/O. P.R. RAJAPPA, AGE: 25 YEARS, OCC: HOUSEHOLD, R/O. WARD NO.1, HARAKA BHAVI KUDALAGI, TQ: KUDALAGI, DIST: BALLARI-583126. (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH …PETITIONERS
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, (R441) ARBITRATION COURT, KARNATAKA STATE SOUHARDA SAMYUKTA SAHAKARI NIYAMITA (FEDERATION OF COOPERATIVE SOCIETIES) BENGALURU-590001. - 2 - NC: 2025:KHC-D:8662 WP No. 102652 of 2025 HC-KAR
THE ASSISTANT REGISTER OF CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER, KOPPAL-583231.
THE MANAGER, TUNGABHADRA PATTINA SSNI GANGAVATHI REPRESENTED BY ITS MANAGER, MAIN OFFICE, GANGAVATHI ROAD, SINDHANOOR, DIST: RAICHUR-583231. (BY SMT. MALA B. BHUTE, AGA FOR R1 & R2; SRI. NAGARAJ J. APPANNAVAR, ADVOCATE FOR R3) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI, ANY OTHER ORDER OR DIRECTION IN THE NATURE OF THE WRIT, QUASHING THE NOTICE OF ATTACHMENT WARRANT ISSUED BY THE RESPONDENT NO.2 DATED 27.11.2024 PRODUCED AS ANNEXURE-E AND NOTICE OF ATTACHMENT OF IMMOVABLE PROPERTY DATED
30.12.2024 ISSUED RESPONDENT NO.2 PRODUCED AS ANNEXURE-F TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
1. This petition is filed by the petitioners questioning the award passed by respondent No.2 under Section 41 of the Karnataka Souharda Sahakari Act, 1997 (hereinafter - 3 - NC: 2025:KHC-D:8662 WP No. 102652 of 2025 HC-KAR referred to as ‘the Act’, for short), on the dispute so raised for recovery of the amount.
2. This Court granted an interim order on
15.05.2025 staying the proceedings subject petitioners depositing Rs.10,00,000/- within four weeks. It is seen that the petitioners have not complied with the order passed by this Court.
3. Learned counsel for the respondents contends that the present petition would not survive for consideration before this Court, as there is an alternative efficacious remedy available under Section 46 of the Act and any order passed under Section 41 of the Act would be appealable to the Karnataka Appellate Tribunal which the petitioners can exhaust. The same having not been exhausted, the present petition would not be maintainable before this court.
Under the circumstances, I pass the following order: - 4 - NC: 2025:KHC-D:8662 WP No. 102652 of 2025 HC-KAR This petition is disposed as being not maintainable. Liberty is reserved to the petitioners to approach the Appellate Tribunal and the same if at all filed, it shall be considered in accordance with law. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.