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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Suresha S/o Late Sidde Gowda @ Dollegowda – Appellant
Versus
Additional Registrar of Cooperative Societies – Respondent
ORDER :
1. The Petitioner is before this Court seeking the following reliefs:
i. Issue a writ of certiorari quashing the Judgment dated 09.07.2020 passed by the Karnataka Appellate Tribunal, Bangalore in Appeal No.253/2018 (Co-op) (Annexure-A) and declare it to be illegal and contrary to the principles of natural justice.
ii. Pass any such other order(s), writ, directions as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.
2. Respondent No.2 - Society had formed a residential layout and allotted sites to its members. One of the sites being Site No.15, formed in Sy.No.22/4, 22/6, 22/7 (Renumbered Sy.Nos.45 and 46 and 48) situated at Channasandra Village, Uttarahalli Hobli, Bangalore South Taluk, measuring East to West (60 + 62)/2 feet North to South (72 + 60)/2 feet, totally measuring 4026 sq.ft., was allotted in favour of Respondent No.5-B.M.Yogesh. A sale deed dated 19.1.2013 came to be executed, and Respondent No.5 was put in possession of the same. Respondent No.5 sold the said property on 11.03.2013 vide a registered sale deed in favour of the Petitioner and Respondent No.6-S.Bhaskar. Respondent No.6 subsequently relinqu
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 judgment clarified the scope of jurisdiction under Section 70 of the Act, emphasizing that the dispute must relate to the constitution, management, or business of a co-operative society and invol....
Section 9 of Code of Civil Procedure, Civil Court is vested jurisdiction to adjudicate all suits of civil nature. Exclusion of jurisdiction of Civil Court to adjudicate suit of civil nature is an exc....
A Civil Suit would be maintainable unless expressly barred by any other law. Disputes touching the constitution, management, or the business of a cooperative society are to be referred to the Registr....
The main legal point established in the judgment is that disputes involving determination of disputed questions of facts should be adjudicated by the Registrar of Co-operative Societies under Section....
A sale officer may proceed to sell a defaulter's properties other than mortgaged property in applying for debt recovery if suitable under the cooperative society's regulations.
A fraudulent gift deed executed after the initiation of surcharge proceedings is invalid, and subsequent transactions cannot confer title, as they occur during pending enforcement actions.
The Registrar under the Rajasthan Co-operative Societies Act 2001 cannot adjudicate title disputes, which must be resolved by a Civil Court.
The absence of a registered conveyance deed precludes the Society from claiming any rights to the plot, and principles of res judicata apply to prevent re-litigation of the same issues.
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