ALLAM KARIBASAPPA Vs. SINGAMASETTY VENKATARAMAIAH

JUDGEMENT

(1.) These two appeals arise out of the order passed by the Additional District Judge, Bellary, dated 16.02.2004 passed on I.A. XV in I.C. No. 2/75 and Ms. C. No. No. 5/2000, wherein the learned District Judge has allowed the application filed under Sections 144 and 94 read with Section 151 of the Code of Civil Procedure in Ms. C. No. No. 5/2000 with costs and has dismissed the application - I.A. XV filed Under Sections 4 and 5 of the Provincial Insolvency Act, 1920 (for short, the Act) in I.C. No. 2/75 with costs. M.F.A. No. 2706/2004 is filed by the applicants in I.A.XV and M.F.A. No. 2873/2004 is filed by the Respondents in Ms. C. No. No. 5/2000.

(2.) The material facts leading up to this appeal with reference to the rank of the parties before the trial Court are as follows:

(3.) Miscellaneous Petition No. 9/1977, which was later numbered as I.A.XV in i.e. No. 2/75 was filed by the Appellants herein averring that M/s. Gavisiddeswara and Company, Bellary, i.e., the second Petitioner therein, is a registered firm doing the cinema business in Bellary. The firm owns Nataraj and Uma Theatres apart from other landed property in Bellary. Originally, the firm had the following partners with their respective shares shown against their names: <FRM>JUDGEMENT_2247_KCCR3_2011_1.html</FRM>