B.M.DEVARAJAPPA Vs. B.MUNIKRISHNAPPA

JUDGEMENT

(1.) Though matter is listed for admission, by consent of learned Advocates appearing for both parties, it is taken up for final disposal, having taken note of judgment of the Hon'ble Apex Court rendered in the matter of ASIAN RESURFACING OF ROAD AGENCY PVT. LTD., AND ANOTHER VS. CENTRAL BUREAU OF INVESTIGATION, (2018) AIR SC 2039, whereunder, Hon'ble Apex Court, has held that steps should be taken to dispose of such cases, where proceedings before Trial Court has been stayed. In the instant case, records would disclose that further proceedings before Trial Court has been stayed by order dated 01.03.2017 and it is in operation till date.

(2.) In these proceedings petitioners who are arraigned as accused Nos.1 to 10 in C.C.No.24057/2016 pending on the file of Chief Metropolitan Magistrate, Bengaluru, have sought for quashing of the order dated 07.10.2016 and to accept 'B' report by dismissing the complaint filed by respondent.

(3.) Petitioners are directors of a Co-operative Society namely Ministry of Communications Employees Co-operative Housing Society Ltd., (for short 'society') and they have formed a layout known as Sahakaranagar layout on the Bellary road, after lands measuring 199 acres came to be acquired by the appropriate Government and possession of which came to be handed over to the society. The planning authority namely Bengaluru Development Authority/BDA is said to have approved layout plan and released sites in the year 1992 in favour of society, pursuant to which allotment of sites have also been made by the society in favour of its members.