PRANITHA Vs. TAX RECOVERY OFFICER

JUDGEMENT

(1.) The petitioner has sought for issuance of a writ of mandamus to direct the respondents to consider the reply dtd. 11/7/2022 at Annexure-B and consequently to withdraw the Attachment Order in respect of the schedule property.

(2.) The petitioner is stated to have filed a suit in O.S.No.24/2018 on the file of the Senior Civil Judge at Chikkamagaluru against one Sri.N.Badrinath and others seeking relief of partition and separate possession. It is submitted that the said suit was decreed and final decree was drawn, in which, schedule property was allotted in favour of the petitioner. It is submitted that thereafter on 20/3/2020, the petitioner received an intimation from the Sub-Registrar regarding attachment. The petitioner is stated to have made out reply at Annexure-B and submits that the same has not been considered.

(3.) Learned counsel Sri.Dilip appearing for the respondents submits that remedy available to the petitioner is to file objection to the attachment in terms of Rule 11 of the Second Schedule.