CHIDANANDA ULLAL, J.

( 1 ) THE instant appeal is filed to challenge the order on I. A. I. dated 8-10-1992 passed in O. S. No. 751/1987 by the VII Additional City Civil Judge (CCH No. 13), Bangalore, whereby the said Additional City Civil Judge had dismissed the suit of the appellant.

( 2 ) I heard the learned counsel for the appellant, Sri M. Raviprakash and the learned counsel appearing for the respondent, Sri Urval M. Ramanand. I have perused the case records including the case records of the Court below and further certain case papers pertaining to the dispute in case No. JRB/mis. Dispute No. 38/76-77 before the Deputy Registrar of Co-operative Societies, Bangalore District, Bangalore City and copy of the final order came to be passed in Appeal No. 668/78 dated 12-8-1980 on the file of the Karnataka Appellate Tribunal, Bangalore and order dated 16-10-1984 in W. P. No. 18024/1980 of this Court, made available to me by both sides to the appeal to assist me to understand the background of the case morefully.

( 3 ) THE facts in brief leading to the above appeal before this Court are as follows :that the Appellant-Society herein at the first instance had raised a dispute in No. JRB/mis. 38/76-77 under S. 70 (1) of the Karnataka Co-operative Societies Act to cancel the allotment and sale deed executed on 2-1-1976 by the Ex-Officio President of the Appellant-Society in respect of site No. 1, in Binnamangala Lay-out, now known as 'defence Colony' II Stage, Indiranagar, a private layout formed by the Appellant-Society for the benefit of its members. The said dispute was decided in favour of the Appellant-Society at the first instance in passing an award by the Deputy Registrar of Co-operative Societies, Bangalore District, Bangalore by his order dated 15-7-1978, whereby it was declared that the allotment made in favour of the respondent herein was illegal and unauthorised and the ownership of the said site would vest in the Appellant-Society. It is thereafter the respondent had filed an Appeal in No. 668/78 before the Karnataka Appellate Tribunal, Bangalore, (hereinafter referred to in brief as KAT) to challenge the above award and the KAT by passing an order on 12-8-1980 held that the respondent was not a member of the Appellant-Society and as such the very dispute raised as against the respondent before the Deputy Registrar of Co-operative Societies was not maintainable and on that score the KAT had dismissed the very dispute. It should be noted in this context that in the appeal of the respondent before KAT the KAT passed the above order for the reason that the Respondent herein for the first time raised the plea that he was never a member of the Appellant-Society at any point of time. As against that, the Appellant-Society herein had filed a writ petition before this Court in WP No. 18024/80 to challenge the above said order passed by the KAT and this Court by its order dated 16-8-1984 quashed both the orders passed by the Deputy Registrar of Co-operative Societies, Bangalore District, Bangalore, in Dispute No. JRB/mis. 38/76-77 and further the order referred to above passed by the KAT. The order came to be passed in the above said writ petition reads as follows :"in the result, this writ petition is allowed. Impugned order of Appellate Tribunal as well as the order made by the Arbitrator are hereby quashed. Matter remitted to Joint Registrar of Co-operative Societies to get the dispute adjudicated afresh, in accordance with law. Rule made absolute. "this Court in passing the said order remitted the matter to the Dy. Registrar of Co-operative Societies to get dispute adjudicated upon afresh in accordance with law. Whereupon yet another round of proceedings in the dispute was commenced before the Deputy Registrar of Co-operative Societies, Bangalore with issue of notices to the parties. It is at that stage, the appellant-society herein had filed OS No. 751/1987 as against the respondents before the VII Additional City Civil Judge,

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