(1.) WRIT Petition by a person who claims to be the member of second respondent Co-operative Society Limited who is aggrieved by the order passed by the Karnataka Appellate Tribunal, bangalore in Appeal No. 670/2004 in terms of order dated 13. 11. 2007 allowing appeal at the instance of the third respondent another member of the very society and in the context of the Tribunal having allowed the appeal of the third respondent against the order passed by the Deputy registrar of Co-operative Societies Act to get over the order passed by the deputy Registrar on 30. 4. 2004 in No. JRB/md/138/1999-2000. The entire controversy being in context of allotment of a site bearing No. A-1893 measuring 60' x 40' that the society having executed one sale deed dated 19. 1. 1996 registered on 20. 1. 1996 in respect of the very site in favour of third respondent and later the very society having executed another sale deed dated 15. 5. 1996, in respect which writ petitioner claims to be the owner in respect of the very site registered on 19. 7. 1997.
(2.) THE second respondent society not acting in favour of the third respondent pursuant to the execution of the sale deed dated 19. 1. 1996 in favour of third respondent, the third respondent had approached the deputy Registrar raising a dispute after his efforts to get the documents and possession certificate of the site before the society failed and it is such dispute that the Deputy Registrar of Societies not only dismissed his dispute in terms of the order dated 30. 4. 2004 but also directed the society to register an alternative site in favour of the third respondent who was the applicant before the Registrar.
(3.) FOR such purposes the Deputy Registrar had perused the documents placed by the society before him such as records from the office of the records including the register extracts of the accounts in favour of the members and sale deeds executed in favour of the parties and such other documents.