L NAGENDRA RAO Vs. KOLLIMI KESIMBI

JUDGEMENT

(1.) A question as regards the enforcement of an award passed under th Karnataka Co-operative Societies Act 1959, hereinafter referred to as the 'Act in the Civil Court, is raised in this case.

(2.) An award was passed against respondents 1 to 5 by the Assistant Registrar of Co-operative Societies, Bellary. The property which was the subject matter of a charge was brought " to sale by the Asst Registrar and the same was sold in an auction for a sum of Rs.8600 in EP.22/55-56 (award claim 434/54-55). In the said auction, the present petitioners purchased the property for a sum of Rs.8600. The sale was confirmed and a sale certificate was issued to them by the Asst Registrar of Co-operative Societies, Rellary. This sale was conducted as per the provisions of S.99 of the Act. Thereafter a certificate was issued under S. 101A of the Act. The petitioners in pursuance of that certificate, filed the present execution in the Court of the Prl Munsiff, Hospet. seeking delivery of possession of the property sold. The Court ordered issue of delivery warrant. But the delivery warrant was not executed on account of the obstruction raised by one Jainabi, wife of respondent 6, and others. The petitioners then filed an application under Order 21. Rules 35(3). 97 and S.151 CPC, for removal of obstruction. That application was allowed by an order d|.6-4-1968. Again delivery of possession was ordered, by removing obstruction, if need be with the aid of police,. Jainsbi preferred a revision petition in CRP. 579|68 against that order to this Court and obtained a stay order. The said revision petition was dismissed on 24-5-1971. Again the petitioners on 19-1-1973 moved the Court below by making an application IA.1 to issue delivery warrant. Accordingly on 2-2-1973 the Court issued delivery warrant returnable by 2-3-1973. But again the delivery of possession could not be made as the 6th respondent obstructed the delivery of possession. He filed his objections, contending among otber things, that the Civil Court had no jurisdiction to entertain the Exn Petn as the property was not sold by that Court in execution and the order of the Court was without jurisdiction and hence the proceedings before it were null and void. The learned Munsiff upheld the contention of the 6th respondent and in that view dismissed the execution petition.

(3.) Tha same contention, as was taken up by the 6th respondent, was also urged before me. In my opinion, this contention cannot be accepted. S.99 of the Act provides that notwithstaning anything contained! in Chap. IX, or any cither law for the time being in force but withqut prejudice (to any other mode of recovery provided in this Act the Registrar or any person subordinate to him empowered by the Registrar in this behalf, may on the application of Co-operative, Society, make an order directing the payment of any debt or outstanding demand due to the Society by any member or past or deceased member, by sale, of the property which is subject to a charge under sub-sec(1) of S.32". S.101 (1)(a) of the Act provides : 101. Execution of orders etc. (1) Every order made by the Registrar under sub-sec (2) of S.69 or under S.99, every decision or award made under S.71, every order made by the liquidator under S.74 and every order made by the Tribunal under Ss.105 and 107, and every order made under S.106 or 108 shall, subject to any other provision of this Act be binding on the person or Co-operative Society against whom the order, decision or award has been obtained or passed and shall, if not carried out, - (a) on a certificate igned by the Registrar, or any person authorised by him in this behalf be deemed to be a decree of a Civil Court and shall be executed in the same manner as a decree of such Court. On the terms of the section itself, any order or award can be passed by the Registrar under S.99 and such an award, upon issue, of a certificate by the Registrar, shall be deemed to be a decree of Civil Court and the Civil Court shall execute that award in the same manner as a decree. of that Court. It is only for the purpose of enabling the Civil Court to execute the award of the Registrar that it has got to be given the force of a decree and for that purpose S.101 (1) (a) is enacted. Here, in this case, the property has been sold and a certificate has been issued to the petitioners by the Asst Registrar under S.101A of the Act. This certificate is deemed to be a decree of the Civil Court and that shall be, executed by the; Civil Court in the same manner as a decree' of that Court.