MARUTI SATYAPPA KESARGOPPA Vs. BALU LAGAMA PUJARI

JUDGEMENT

(1.) APPELLANTS herein are the defendants in an Original Suit No.172/2002, which was pending on the file of the Court of Addl.Civil Judge (Jr.Dn.), Raibag. Respondent is the plaintiff in the said suit. Suit filed by the plaintiff has been dismissed on the ground of bar under Section 70 and 118 of the Karnataka Co -operative Societies Act (hereinafter referred to as the 'Societies Act', for short).

(2.) A preliminary issue came to be framed by the trial Court in this regard. The issue is as follows:

(3.) AFTER hearing the arguments of the learned Counsel appearing for the parties, the trial Court has come to the conclusion that the Civil Court has no jurisdiction under Section 118 of the Societies Act. Accordingly, suit came to be dismissed on 01.08.2005. Against the said order dated 01.08.2005, passed in O.S.No.172/2002, plaintiff chose to file an appeal under Section 96 of CPC before the jurisdictional Appellate Court, i.e., the Court of Senior Civil Judge at Raibag. After hearing the arguments of the Counsel appearing for the appellant, the learned Senior Civil Judge has allowed the appeal and has remanded the matter to the trial Court for fresh disposal with a direction to give findings on all the issues and to give an opportunity to the parties to adduce evidence and thereafter dispose of the matter. The order passed by the 1st Appellate Court dated 17.08.2012 is called in question on various grounds as set out in the appeal memo.