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Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
  • S R SRINIVASA MURTHY V/S
Judges
  • Hon`ble Mrs. Justice Makkimane Ganeshaiah Uma
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
  • S R SRINIVASA MURTHY V/S
Judges
  • Hon`ble Mrs. Justice Makkimane Ganeshaiah Uma
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Smart Summary

Summary of Opinion — High Court of Karnataka (9 March 2022)

Factual and Procedural Background

This is a writ appeal filed under Section 4 of the Karnataka High Court Act, seeking to set aside the order passed in Writ Petition No.2985-86/2014 dated 19/9/2014. The appellant is Sri C.S. Ramanath; respondents include the State of Karnataka (represented by the Secretary/Minister for Co-operation), the Registrar of Co-operative Societies in Karnataka, State Bank of Mysore Employees Co-operative Credit Society Ltd., and G.B. Umesh. The matter came on for preliminary hearing before a Division Bench of this Court.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court's reasoning is essentially procedural and concise:

  1. The appellant's counsel (Shri S.R. Srinivasa Murthy) sought leave to withdraw the writ appeal and requested liberty to pursue remedy by filing a Review Petition.
  2. Counsel undertook to file a memo recording the withdrawal and liberty to pursue the review petition during the course of the day; the Court directed that this submission be placed on record and that the Registry, once the memo is received, keep it on record.
  3. Based on the appellant's application to withdraw and the undertaking to file the memo, the Court allowed the withdrawal and disposed of the appeal accordingly.
  4. As a consequence of dismissal of the appeal as withdrawn, the Court disposed of all pending interlocutory applications.
  5. The Court also expressly recorded that there would be no costs.

Holding and Implications

DISMISSED AS WITHDRAWN WITH LIBERTY TO FILE A REVIEW PETITION.

Implications and direct effects:

  • The writ appeal was dismissed as withdrawn, with the appellant granted liberty to file a Review Petition.
  • The appellant was to file a memo indicating the withdrawal and the liberty sought; the Registry was directed to keep that memo on record when received.
  • All pending interlocutory applications in the appeal were disposed of as a result of this dismissal.
  • The Court ordered that there be no costs.
  • The opinion does not purport to set any new legal precedent or address substantive legal questions beyond the procedural dismissal.
Show full summary ...
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    SRI C S RAMANATH v. STATE OF KARNATAKA

    1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9 TH DAY OF MARCH, 2022

    PRESENT

    THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

    AND

    THE HON'BLE MRS. JUSTICE M.G. UMA

    WRIT APPEAL NO.3503/2014 (CS-RES)

    BETWEEN:

    SRI. C.S. RAMANATH,

    S/O LATE. C.S. RAMACHAR,

    AGED ABOUT 73 YEARS,

    R/AT. NO.10/9, 2ND MAIN,

    SESHADRIPURAM,

    BENGALURU - 560 020.

    (NOT CLAIMING SENIOR CITIZENSHIP) ... APPELLANT

    (BY SRI. S R SRINIVASA MURTHY, ADVOCATE)

    AND:

    1. STATE OF KARNATAKA,

    REPRESENTED BY

    SECRETARY/ MINISTER FOR CO-OPERATION,

    DEPARTMENT OF CO-OPERATION,

    VIDHANA SOUDHA,

    BENGALURU - 560 001.

    2. THE REGISTRAR OF CO-OP.

    SOCIETIES IN KARNATAKA,

    HAVING OFFICE AT

    ALI ASKAR ROAD,

    BENGALURU - 560 052.

    1

    2 3. STATE BANK OF MYSORE

    EMPLOYEES CO-OPERATIVE

    CREDIT SOCIETY LTD,

    REP. BY THE CHIEF EXECUTIVE

    OFFICER, HAVING OFFICE AT

    NO.644/645, 1ST FLOOR,

    S.B.M. BENGALURU

    BRANCH PREMISES,

    AVENUE ROAD,

    BENGALURU - 560 009.

    4. G.B. UMESH,

    S/O. LATE. G.C. BASAVARAJ,

    AGED ABOUT 62 YEARS,

    NO.276, BASAVA KRUPA,

    11TH CROSS, TELECOM LAYOUT,

    K.P. AGRAHARA,

    BENGALURU - 560 023.

    ... RESPONDENTS

    (BY SRI. BHOJEGOUDA T KOLLER, AGA FOR R1 & R2

    SRI. G CHANDRASHEKARAIAH, ADVOCATE FOR R3

    SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE

    FOR IMPLEADING APPLICANT IN IA 1/22)

    THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

    KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER

    PASSED IN THE WRIT PETITION NO.2985-86/2014 DATED 19/9/2014.

    THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING

    THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:

    2

    3 JUDGMENT

    Shri S.R.Srinivasa Murthy, learned advocate for the appellant seeks leave to withdraw the appeal with liberty to pursue his remedy by filing a Review Petition. He undertakes to file a memo to this effect during the course of the day. His submission is placed on record. Once received, Registry shall keep the same in record.

    2. In the circumstance, this writ appeal is dismissed as withdrawn with liberty as prayed for.

    3. In view of disposal of this appeal, all pending interlocutory applications stand disposed of. No costs.

    Sd/-

    JUDGE

    Sd/-

    JUDGE

    SMJ

    3

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    Comments

    SRI C S RAMANATH v. STATE OF KARNATAKA
    (Mar 9, 2022)