LAWS(KAR)-2019-6-180

Y. R. LAKSHMINARASIMHAIAH Vs. Y. R. LAKSHMINARAYANAPPA

Decided On June 14, 2019
Y. R. Lakshminarasimhaiah Appellant
V/S
Y. R. Lakshminarayanappa Respondents

JUDGEMENT

(1.) This case reminds me of what the Judicial Committee of Privy Council speaking through the RIGHT HON. SIR JAMES COLVILE, about a century & a half ago i.e., in the year 1872 had observed in the case of THE GENERAL MANAGER OF THE RAJ DURBHANGA VS. MAHARAJAH COOMAR RAMAPUT SINGH IN MOORE'S INDIAN APPEALS (1871-72), VOL.14, PAGE 605 = 17 W.R.459; it reads:

(2.) Petitioners being the Judgment-Debtors in a Partition Suit in O.S.No.42/1992 are invoking the writ jurisdiction of this Court for assailing the order dated 25.06.2018 made by the learned Principal Senior Civil Judge, Chikkaballapur at Annexure-'B' in contesting respondents' FDP No.8/2016 whereby a Commission Warrant has been issued for effecting the partition of the suit schedule property. The contesting respondents after service of notice having entered appearance through their counsel resist the writ petition.

(3.) BRIEFER FACTS OF THE CASE: