IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.765 OF 2019 & WRIT APPEAL NO.956 OF 2019 (CS-RES) BETWEEN:
THE UNIFIED SOUHARDA CREDIT CO-OP LTD.
NO.1580/9, 22ND MAIN ROAD 5TH A CROSS, BSK 1ST STAGE 2ND BLOCK, SBM COLONY BENGALURU – 560 050. BY ITS SECRETARY ... APPELLANT (BY SRI H.S. CHANDRASHEKAR, ADVOCATE) AND:
1. SMT. SUSHEELA S.
W/O LATE G. RUDRAPPA AGED ABOUT 40 YEARS SRI RUDRAPPA G.
S/O LATE V. GANGAIAH AGED ABOUT 55 YEARS SINCE DECEASED BY LRS.
2. SWAPNA RANI D/O LATE RUDRAPPA G. AGED ABOUT 28 YEARS 3. SNEHA RANI D/O LATE RUDRAPPA G. AGED ABOUT 24 YEARS ALL ARE R/AT 108, 2ND CROSS 3RD MAIN, NAGENDRA BLOCK BENGALURU – 560 050.
4. THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (U/RULE 441) KARNATAKA STATE SOUHARDA CO-OPERATIVE SOCIETIES FEDERATION COURT BENGALURU – 560 055.
5. THE RECOVERY OFFICER ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER (U/RULE 441) KARNATAKA STATE SOUHARDA CO-OPERATIVE SOCIETIES FEDERATION BENGALURU – 560 055.
... RESPONDENTS (BY SRI T.L. KIRAN KUMAR, AGA FOR R4 & R5) ---
THESE WRIT APPEALS ARE IS FILED UNDER SECTION 4 OF THE HIGH COURT ACT, PRAYING TO SET ASIDE THE INTERIM ORDERS PASSED BY THE LEARNED SINGLE JUDGE ON 03.12.2018 IN W.P.NO.44514/2018 & W.P.NO.48718/2018(CS-RES) AND ALLOW THIS WRIT APPEAL AND ETC.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT These appeals are filed against the interim order dated 03.12.2018 passed by the learned Single Judge in W.P.Nos.44514/2018 and 48718/2018.
2. Learned counsel for the appellant submits that the interim order granted by the learned Single Judge is contrary to the order dated 07.03.2018 passed in W.P.Nos.9461-9462/2018. Hence, he prays to set aside the order dated 03.12.2018.
3. We have heard learned counsel for the parties and have gone through the record.
4. We see no ground to interfere with the order passed by the learned Single Judge. If the appellant is aggrieved, he shall make necessary application for vacation or modification of the interim order.
5. Appeals are dismissed reserving liberty to the appellant to make application before the learned Single Judge with necessary prayers. If such application is made, we request the learned Single Judge to consider the same.
In view of dismissal of the appeals, I.A.Nos.2/2019 and 3/2019 do not survive for consideration and they are also dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca