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C. M. POONACHA
MICO Associates Housing Co Operative Society Ltd. – Appellant
Versus
G. Krishnamurthy – Respondent
ORDER :
C.M. Poonacha, J.
The present Writ Petition is filed seeking for the following reliefs:
ii. Issue a WRIT OF CERTIORARI or any other writ, order or direction and set aside the order dated 12.04.2023 passed on IA No.I filed under Section 5 r/w Section 14 of Limitation Act (Annexure - O), I.A. No.II filed under Regulation 13 of the Karnataka Appellate Tribunal Regulations (Annexure-01) and I.A.No.III filed under section 151 of Code of Civil Procedure r/w Section 105 of Karnataka Co-operative Societies Act (Annexure 02), in Appeal No.89/2023 by the Karnataka Appellate Tribunal at Bangalore (Annexure - P);
ii(a). Issue a WRIT OF CERTIORARI or any other writ, order or direction and set aside the Order dated 24.08.2023 passed on IA No.4 and 7 in Appeal No.89/2023 by the Karnataka Appellate Tribunal at Bangalore (Annexure - U) and allow the IA No.4 filed under Regulation 4 of the Karnataka Administration Tribunal Regulations and IA No.7 filed under section 151 of Code of Civil Procedure r/w Section 105 of the Karnataka Co-operative Societies Act, 1959 (Annexures - Q & R);
iii. Declare
The court held that non-compliance with a prior court order precludes a party from challenging an award, affirming the binding nature of statutory orders under the Karnataka Co-operative Societies Ac....
The principle that a party cannot benefit from repeated frivolous litigation to avoid compliance with a final award, and that failure to adhere to court conditions can bar subsequent appeals.
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
The court upheld the principle that prior mortgage rights prevail over subsequent attachments of property, maintaining the validity of sales conducted before said attachments.
The Arbitrator lacks jurisdiction to resolve title disputes under the Andhra Pradesh Cooperative Societies Act, necessitating recourse to civil courts for such matters.
The main legal point established in the judgment is the need for a liberal approach in condoning delay to provide substantial justice to the parties, as emphasized by the principles laid down by the ....
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