MUHADEV SUTAPPA KUMBAR Vs. SHANKAR RAMEGOUDA PATIL

JUDGEMENT

(1.) in this writ petition under articles 226 and 227 of the constitution, the petitioner has called in question the legality and correctness of the Order, annexure-a, made by the taluk executive magistrate, respondent-3 herein and has sought for quashing the same on more than one ground.

(2.) a few facts that are necessary for the disposal of this writ petition are asfollows: the undisputed facts as disclosed from the pleadings are that respondent-1 is the owner of land bearing sy. No. 24/4a measuring 1 acre 23 guntas of lakhanpur village, chikodi taluk, belgaum district. He mortgaged this land by a registered mortgage deed dated 4-4-1972 in favour of the petitioner for Rs. 2,000/- and pursuant to the mortgage, the petitioner was put in possession of the property. Subsequently, however, during the subsistence of the mortgage, respondent-1 executed a simple mortgage on 20-5-1974 in favour of respondent-2 by raising a loan of Rs. 3,000/-. There are entries in the record of rights disclosing these facts.

(3.) after coming into force of the Karnataka debt relief ordinance of 1975, respondent-1 made an application before the taluk executive magistrate for reliefs under the ordinance (karnataka ordinance No. 31 of 1976) which later became the act called the Karnataka Debt Relief Act, 1976 (karnataka act No. 25 of 1976) (hereinafter called the 'act'). Sections 3, 4, 7 and 8 shall be deemed to have come into force on 21-10-1975, while sections 5 and 6 shall be deemed to have come into force on 11-11-1975 and Section 9 shall be deemed to have come into force on 28-11-1975.