BHIMA Vs. TALUK EXECUTIVE MAGISTRATE HUKKERI

JUDGEMENT

(1.) the petitioner in this writ petition has sought for quashing of the order .dated 23-11-1992 passed in k.d.r.ra.2 of 1989-90 by the deputy commissioner, belgaum.

(2.) before adverting to the contentions advanced, reference to previous proceedings pending between the parties on record would throw much light to decide the issues involved. One bhima son of rama hiralkodi on 30-4-1975 had mortgaged an extent of 2 acres and 10 guntas comprised in sy. No. 458 situate in kanagala village in favour of one shankar son of jotiba kirc kodi for a sum of Rs. 8,500/- and in pursuance of the same possession of the lands in question was delivered to shankar. Subsequently, bhima filed an application under the Provisions of the Karnataka Debt Relief Act, 1976 seeking relief from indebtedness, proceeding being numbered as kdr/hkp. 445, dated 25-11-1976 the taluk magistrate passed the Order, the operative portion being:

(3.) the taluk magistrate in pursuance of the order passed by this court in w.p.no. 15466 of 1985, held an enquiry and on 14-10-1986 passed the following order: ds "& ;>ed rfs&raqaid zjo^&o&q, acbcbcndcb sdoeqsdi, ticnd zss,d jte^jte^iafc^ sflttjft&j, ?rattei> sia&lkh^wsrbs&s). ^rrsrtde djaeuni^, edes *. A. O. A??. O*. 1415, sso0i 24-9-1985 d acsezte^ vy&oaatftinno,". the abovesaid order dated 14-10-1986 was challenged by shankar in writ proceedings numbered as W.P. No. 18664 of 1986. In the memorandum of writ petition numbered W.P. No. 18664 of 1986, shankar has averred the following facts: