NEELANGOUDA BHARAMAGOUDA HANCHINA-MANI v. ISHWARADHAYA VS HIREMATH
2002-02-01
S.N.KUMAR, V.GOPALA GOWDA
body2002
DigiLaw.ai
GOPALA GOWDA, J. ( 1 ) LEARNED counsel for the 6th respondent filed a memo along with certified copy of the order of Karnataka Appellate Tribunal, the disobedience of which is complained in this case. The same is taken on record. ( 2 ) RESPONDENTS 1 to 3 and 5 are present. Respondent No. 4 is not present. Application is filed seeking exemption for the appearance of 4th respondent. The same is allowed and the appearance of 4th respondent is dispensed with. ( 3 ) THE complainant has got examined himself as P. W. 1 and he was cross-examined by the learned counsel for the respondents. Respondents have not adduced evidence. Respondents who are present have undertaken to tender unconditional apology by filing affidavits for having conducted the proceedings. ( 4 ) THE complainant in his cross-examination has admitted that he has not personally served the copy of stay order granted by the Karnataka Appellate Tribunal on respondents 1 to 5 on 9-8-2000. He has further admitted that prior to 18-8-2000 and after 20-8-2000 he has been functioning as President of the Society. In view of these admitted facts by the complainant, the resolution dated 19-8-2000 passed by the respondents 1 to 5 has become non est in the eye of law and respondents have not acted upon the same. In our view, there is no wilful disobedience of the interim order of the Tribunal by respondents 1 to 5. ( 5 ) IN so far as the 6th respondent is concerned, the complainant admitted that she was the nominated Director till 18-8-2000 and the State Government withdrew her nomination on that day. Thus, she was not connected with the affairs of the society after 18-8-2000. Such being the position, question of her wilful disobedience of the interim stay of the Tribunal does not arise. ( 6 ) FOR the foregoing reasons, no purpose will be served by continuing these proceedings particularly in view of the unconditional apology that would be tendered by respondents who are present. ( 7 ) THE proceedings are accordingly dropped. ( 8 ) OFFICE is directed to return the original register and documents of the society. Order accordingly. --- *** --- .