CHANDRAKANTHARAJ, J. ( 1 ) THIS matter is coming-up for preliminary hearing after notices to the respondents along with i. A. I, filed by respon- dent No. 3 for vacating the interim stay granted by this Court on 22-7-1988. ( 2 ) IN this writ petition, the petitioner who is the owner of house bearing No. 1228/1136 situate at Tarikere and the land bearing Sy. No. 69 measuring 0-12 guntas situate at Indawara, Taluk Tarikere, District Chickmangalur, is aggrieved by the order passed by the Deputy Registrar of Co operative Societies, Chickmangalur, in Appeal No. DRC/6/87-88 dated 16th June 1988 by which his appeal came to be dismissed. That appea was filed under Section 106 (2) (b) read with 1 (m) of Karnataka Co-operative societies Act, 1959 against the conditional attachment notice issued under Section 103 of the said Act by the Assistant registrar of Co-operatives, Tarikere sub- division, Tarikere in certain proceedings relating to surcharge proceedings initiated against the son of the petitioner who died after the completion of surcharge proceedings. The appeal came to be dismissed on the sole ground that the appellant could move the Assistant registrar of Co-operative Societies for rising the attachment and therefore the appeal was not maintainable. ( 3 ) I do not think that that is the correct approach to be made by the deputy Registrar of Co-operative Societies as an Appellate authority. Unless there is prima facie material available to the Assistant Registrar of Co-operative societies who completed the surcharge proceedings to come to the conclusion that the person now deceased who was held liable in the surcharge proceedings had left behind him immovable property or movable property to which the peti- tioner has suceeded, he would not get jurisdiction to proceed against the petitioner in the surcharge proceedings which apparently is against some one else On the existence of mere relationship of father and son jurisdiction connot be assumed. ( 4 ) THEREFORE, the order impugned as well as the order at Annexure-A-the order of attachment before the award are liable to the quashed. ( 4 ) THEREFORE, the order impugned as well as the order at Annexure-A-the order of attachment before the award are liable to the quashed. ( 5 ) LIBERTY, however, is reserved to the first-respondent to proceed to attach the properties only if he has, prima facie material on the basis of which he may come to the conclusion that the properties in the hands of the petitioner are really properties belonging to the deceased t. L. Devandrappa, who was Salesman in the 3rd respondent-The House Building co-operative Society Limited, Tatikere, district Chickamagalur. ( 6 ) WRIT Petition is allowed. Rule will accordingly issue and be made absolute. In the circumstances of the case, there will be no order as to costs. Writ petition allowed. --- *** --- .