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SRI C S RAMANATH v. STATE OF KARNATAKA
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:
- 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.
- 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.
- 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.
- As a consequence of dismissal of the appeal as withdrawn, the Court disposed of all pending interlocutory applications.
- 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DISMISSED AS WITHDRAWN WITH LIBERTY TO FILE A REVIEW PETITION.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- The writ appeal was dismissed as withdrawn, with the appellant granted liberty to file a Review Petition.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.
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
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