JOTIBA DEMANNA PATIL Vs. PURUSHOTTAMLAL RAMLAL

JUDGEMENT

(1.) This is a revision by the petitioner against the portion of the order dated 9-4-1980 passed by the II Additional Civil Judge, Belgaum, in Miscellaneous Application No. 7 of 1980, continuing the attachment over the remaining 1/10th share belonging to opponent No. 2.

(2.) One Prabhakarlal filed a suit in O.S. 159 of 1940 for general partition against opponents 1, 2, 10 and others. A preliminary decree was passed in that suit and a final decree was passed in the year 1962. The suit property bearing CTS No. 1755 situate in Kirloskar Road, Belgaum, was allotted to opponents 2 and 10 together. The possess in was taken by them on 29-11-1974. Thereafter, it appears that O.S. 34 of 1946 was filed by opponent-10 against opponent-2 in Dharwar Court for partition. In that suit CTS. No. 1755 was allotted to opponent - 2 only.

(3.) Opponent - 3 is the wife and opponents 4 to 9 are the children of opponent No. 2.