KADAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) When this writ petition came up for consideration of the question of continuancy or otherwise of the impugned order, by consent of parties, the writ petition is taken up for final hearing today.

(2.) The 3rd respondent made an application under S.4 of the Karnataka Debt Relief Act, 1976 before the Sub-Divisional Magistrate, Nan-jungud, for a declaration that the debt due by the 3rd respondent has been extinguished and for a direction to the petitioner and the 4th respondent to restore possession of the mortgaged property. The case was set down for hearing on 4-10-1976, on which date the impugned order-Ext.'B'-was made by the Sub-Divisional Magistrate.

(3.) The Sub-Divisional Magistrate has noticed in the order that the 3rd respondent was present and that the petitioner and the 4th respondent who were arrayed as respondent-creditors, were absent when the case was taken up for hearing. In this writ petition challenging the said order the principal complaint of the petitioner in that he was not given an opportunity of hearing on 4-10-1976.