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2015 Supreme(SC) 997

T.S.THAKUR, V.GOPALA GOWDA
B. S. SHESHAGIRI SETTY – Appellant
Versus
STATE OF KARNATAKA – Respondent


JUDGMENT

V. GOPALA GOWDA, J.

Leave granted in the Special Leave Petitions.

2. The present appeals arise out of the impugned judgment and order dated 02.07.2012 passed in Writ Appeal Nos. 411 of 2006 and 410 of 2006 by the High Court of Karnataka at Bangalore, whereby the High Court dismissed the appeals filed by the appellants, thereby upholding the judgment and order of the learned single judge passed in Writ Petition Nos. 22453 of 2004 and 17054 of 2004, setting aside order dated 9.2.2004 passed in the Revision Petition No. CMW 33 CAP 98 by the Minister of Cooperation on the ground that the Revision Petition filed by the appellants herein is barred by limitation and is contrary to the provisions of Section 108 of the Karnataka Cooperative Societies Act, 1959 (hereinafter “KCS Act”).

3. Though the case has a chequered history, we refer to the facts in brief hereunder, which are required to appreciate the rival legal contentions urged on behalf of the parties:-

The appellants are small farmers who had availed a loan of Rs.16,000/-from the Kadur Taluk Primary Co-Operative Land Development Bank Ltd. (hereinafter the “Bank”) by mortgaging their entire immoveable agricultural property as se












































































































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