LAWS(KAR)-2017-11-54

GANGAHUCHIAH Vs. JAYAMMA

Decided On November 03, 2017
Gangahuchiah Appellant
V/S
JAYAMMA Respondents

JUDGEMENT

(1.) This Court, by an order dated 08.12.2016, directed the Taluk Surveyor to issue notice to the parties concerned and thereafter to conduct the survey and assist the bailiff to execute the delivery warrant. Till such notice is executed by the Taluk Surveyor, the impugned order shall not be given effect to.

(2.) Sri M.B.Chandrachooda, learned counsel for the respondents filed statement of objections to the writ petition and specifically contended that inspite of the notice issued by the Taluk Surveyor, the petitioner has not appeared on the date of survey and therefore, the Taluk Surveyor issued endorsements dated 24.07.2017 and 04.08.2017. The petitioner has not obeyed the order passed by this Court and is not co-operating with the survey authorities. The submission is placed on record.

(3.) Sri B.N.Vinod Kumar, learned counsel for the petitioner, on instructions, submits that the petitioner never received any notice from the Taluk Surveyor and disputed the very issuance of notice.