Sri Mohammad Rafik Babusab Pathan vs Smt Murtuja Babusab Pathan on 30 January, 2012

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Karnataka High Court

Sri Mohammad Rafik Babusab Pathan vs Smt Murtuja Babusab Pathan on 30 January, 2012

Bench: Ajit J.Gunjal

                                         WP No.30059/2008

                               :1:


             IN THE HIGH COURT OF KARNATAKA

                CIRCUIT BENCH AT DHARWAD
                          TH
                          30
         DATED THIS THE        DAY OF JANUARY, 2012

                          BEFORE

           THE HON'BLE MR.JUSTICE AJIT J.GUNJAL

         WRIT PETITION No.30059/2008 (KLR-RR/SUR)

BETWEEN:

SRI MOHAMMAD RAFIK BABUSAB PATHAN
Age:39 YEARS, 0CC BUSINESS
R/O MUDHOL, DIST BAGALKOT
PRESENTLY R/AT C/O TVS MOTORS
KOLAR, TQL:BASAVANA BAGEWADI-586203
BAGALKOT DIST.                      PETITIONER
                                         ..   .




(BY SMT.PALLAVI PACHCHAPURE FOR
    SRI.SRINAND PACHHAPURE, ADV.)

AND:

1.     SMT MURTUJA BABUSAB PATHAN
       MAJOR, 0CC HOUSEHOLD WORK
       R/O MUDHOL 587313
       DIST BELGAUM

.      SRI AYUB BABUSAB PATHAN
       MAJOR, 0CC BUSINESS
       R/O MUDHOL 587313
       DIST BELGAUM

3.     SRI YUNUS BABUSAB PATHAN
       MAJOR 0CC BUSINESS
       R/O MUDHOL 587313
                                          WP No.30059/2008




      BELGAUM DIST

 4,   THE TAHASILDAR
      MUDHOL 587313
      BAGALKOT DIST

 5.   THE TECHNICAL ASSISTANT TO DC,
      AND EX OFFICIO DDLR AND
      DISTRICT CITY SURVEY OFFICER
      BAGALKOT 587101.                     ...RESPON DENTS
(BY SMT.K.VIDYAVATHI, AGA FOR R4 AND 5)

     THIS PETITION IS FILED UNDER ARTICLES 226
                                               AND
227 OF THE CONSTITUTION OF INDIA PRAYING
                                            TO SET
ASIDE THE ORDER DATED 30.01.2008 PAS
                                           SED BY
RESPONDENT NO.5 AT ANNEXURE-A AND ETC.,

     THIS PETITION COMING ON FOR ORDERS, THIS
                                              DAY,
THE COURT MADE THE FOLLOWING:


                          ORDER

Way back in the year 1963, the petitioner's fathe r purchased the petition property for a valuable consideration of Rs.460/-. Suffice it to say that the petitioner claims that there was a gift deed in his favour by his father. Hence, the Tahsildar, Mudhol, entered the name of the petitioner in the property register. 1 s t The respondent aggrieved by the same, files an appeal / WP No.30059/2008 :3: before the Appellate Authority and the Appellate Authority has set aside the order. Hence, this writ petition questioning the same.

2. Apparently, the dispute appears to be interse between the two brothers. It is brought to my notice that a suit has been already filed. The parties are required to have their right regulated in the pending suit. With this observation, petition stands disposed of.

Smt.K.Vidyavathi, AGA is permitted to file memo of appearance within four weeks.

safr Jm/

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