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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
| Table of Content |
|---|
| 1. petitioner seeks to quash prior judgment. (Para 1 , 2 , 3) |
| 2. society disputes validity of sale deed. (Para 4 , 5 , 6) |
| 3. arguments regarding jurisdiction of the registrar. (Para 7 , 8 , 9) |
| 4. petitioner's arguments on improper procedures. (Para 10 , 11) |
| 5. court evaluates statutory powers of registrar. (Para 12 , 13 , 14 , 15) |
| 6. court finds no legal infirmities in kat's ruling. (Para 16) |
| 7. writ petition dismissed. (Para 17) |
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 Ta
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....
If Registrar is satisfied that any matter, referred to him is a dispute, within the meaning of Section 96 the Registrar shall, subject to the rules, decide the dispute himself, or refer it for dispos....
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 is that a declaratory decree entitles a party to seek redressal of their legal rights, and a society is obligated to execute a sale deed in compliance with such a dec....
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