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2006 Supreme(Kar) 442

V.GOPALA GOWDA, C.R.KUMARASWAMY
K. DEVADAS KUMAR – Appellant
Versus
A. UMESH – Respondent


Advocates:
Advocate Appeared
Sri Jayakumar S. Patil, Senior Advocate for Sri Ramesh Kiran Shetty, Advocate for Appellant;
Sri A. Keshava Bhat, Advocate for Respondent-1;
Sri P. Karunakar, Advocate for Respondent-2;
Sri P.G.C. Chengappa, Additional Government Advocate for Respondents-3 to 5:
Sri Shekar Poojari, Advocate for Respondent-6.

V. Gopala Gowda, J.,

JUDGMENT

This writ appeal is filed by the purchaser questioning the correctness of the order passed by the learned Single Judge in W.P. No. 23536 of 2005, dated 12-1-2006 in quashing the order of confirmation of sale of the property in question and sale certificate dated 11-8-2005 issued in favour of appellant, urging various grounds.

2. The learned Senior Counsel Mr. Jayakumar S. Patil appearing on behalf of the appellant submits that the first respondent herein has not availed alternative remedy provided to him under Section 106 of the Karnataka Co-operative Societies Act, 1959 (in short, 'the Act') as the order that would be passed under Section 101-A of the Act is an order passed under Section 101 of the Act, an appeal under Section 106 of the Act is provided i.e., to other authority is maintainable. Therefore, the learned Single Judge ought not have exercised his extraordinary jurisdiction to quash the impugned order of confirmation of sale and certificate of sale. The learned Senior Counsel in support of the above legal contention has relied upon the Division Bench decision of this Court in ILR 1999 Kar. 1425 (sic). Hence, he had urged that the order pass































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