BINOD BHEARI DASH Vs. RAVINDRA JALDAR

JUDGEMENT

(1.) Sri.Shivakumar Kalloor., learned counsel for the petitioner, Sri.Sachin M.Mahajan., learned counsel for respondent No.1, Sri.Mahantesh Patil., learned counsel for respondent No.7 and Sri.Shivakumar R.Tengli., learned AGA for respondent No.8 have appeared in person.

(2.) The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dtd. 25/3/2019 passed by the Principal Senior Civil Judge and CJM, Raichur in M.A.No.13/2018. The plaintiff filed a suit on the file of Principal Civil Judge, Raichur in O.S.No.274/2016. He made an application under Order 39 Rule 1 & 2 R/w Sec. 151 of CPC restraining the defendant No.1 from alienating the suit plot. The Trial Court vide order dtd.:16/9/2017 rejected the application. However, the defendant No.1 was directed to file an affidavit that he will handover the plot equal to the measurement as in the sale deed of the plaintiff, in the circumstance the suit being decreed. The first defendant challenged the said order before the Appellate Court in M.A.No.13/2018. The Appellate Court vide order dtd.:25/3/2019 allowed the appeal. It is this order that is called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition.

(3.) Learned counsel for the petitioner and respondents have urged several contentions.