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2024 Supreme(Kar) 204

N. V. ANJARIA, KRISHNA S. DIXIT
G. Krishnamurthy – Appellant
Versus
Joint Registrar of Cooperative Societies – Respondent


Advocates appeared:
Sri B.V. Acharya, Senior Advocate For Sri Mahesh Kiran Shetty, Advocate, for the Petitioner; Smt. Niloufer Akbar, Aga For R1 Sri Uday Holla, Senior Advocate For Sri Chandrashekar S. & Sri H.M. Harsha, Advocates, for the Respondent.

JUDGMENT

N.V. Anjaria, C.J. -

Frivolously prolonged spate of litigation leaving a successful party waiting for reaping fruits of litigation, in ultimate analysis, erodes the faith in the justice delivery system. The facts of this case make one such instance.

2. The appellant-original respondent No.1 has preferred this appeal under Section 4 of the Karnataka High Court Act, 1961, seeking to call in question judgment and order dated 18th January 2024 of learned Single Judge. Thereby, learned Single Judge allowed the writ petition of the original petitioner-the MICO Associates Housing Cooperative Society Ltd.-respondent No.2 herein, by setting aside order dated 24th August 2013 passed by the Karnataka Appellate Tribunal, Bengaluru in Cooperative Appeal No.89 of 2023.

2.1 Consequently, Interim Application No.4 and an Interim Application No.7 filed in the said appeal proceedings came to be allowed. Appeal No.89 of 2023 preferred by respondent No.1-Sri. G.Krishna Murthy, before the Tribunal came to be dismissed as not maintainable. I.A. No.4 was for vacating the interim order and I.A. No.7 was seeking dismissal of the appeal on the ground of maintainability.

3. The facts in the background ha

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