G.P. SHANTHA KUMAR Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) Learned Government Advocate to accept notice for respondent No. 1. Respondent No. 2 has entered caveat, hence there is no need to issue notice. The petitioner is before this Court assailing the order dated 12.06.2013 impugned at Annexure-F to the petition. By the said order, the Registrar acting under Section 25 of the Karnataka Registration Act has accepted the proceedings for consideration at the instance of the second respondent.

(2.) The petitioner while assailing the said action of the respondent No. 1 would firstly contend that the respondent No. 1 was not justified in initiating proceedings under Section 25 of the Act. Secondly, it is contended that when there are contentious issues with regard to the management of the society, the Registrar cannot decide such complicated question and as such the authorities have to relegate the parties to an appropriate Court and the proceedings as has been presently initiated should not have been taken into consideration.

(3.) The learned counsel for the petitioner in support of his contention would rely on the decision of Hon'ble Supreme Court in the case of A.P. Aboobaker Musaliar Vs. Distt. Registrar (G), Kozhikode and Others, 2004 11 SCC 247 to contend that the Registrar ought not to have entertained the present proceedings. Therefore, the challenge made by the petitioner to the order dated 12.06.2013 is to be accepted and the entire proceedings before the respondent No. 1 is to be set aside and the parties should be relegated to an appropriate Court is the contention.