Karnataka High Court
The Hescom O And M Division vs Smt Sangayya W/O Kalappa Bassapur on 1 April, 2011
Author: H.N.Nagamohan Das
Bench: H.N.Nagamohan Das
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the Ol Day of April 2011. . Petitioner (oy Sr.Bus Samate. Advocetey ... Respondent
This petition ,
-onstitution of India praying to {issue a writ in the 4 Pe eer Of (ue PipOrar! i by the learned Civil Judge (Sr.Dn.j, Balhongal, | in F.PLNo. 1 2/2007 produced at Amnexure- be ete., This petition PB Group this day, th This petition 1s against the-order dated 12.5 in E.P.No,12/2007 passed by the Civil Judge. (Sr.0n.}, Bailhongal directing the petitione® to. deposrt OYs ini an f93 000 /-.
petitioner genet a _ fled @ memo dated jecreetal amo.unt before the trial court. "To.this memo, the respondent fled objections and.also merno of calculations. The "without considering the riva phot pi.
io last pet wooed v poet toon oe Sow rom tent Ine woe co] nm bee neh pene we Seal Neal a avn & eo punt v sntentions,.commi MMPUGNed OTrcer Gireclimip Cre petuiiorner LO DAN OF ASSESSING any order i8 arbitrary and not supported by anv reasons. On this ground alone. the impugned order is hable to be set aside.
3. For the reasons stated above; the. wre. petition is hereby allowed. Tne mmougned order ce 12.8.2008 in E.P. No. 12/2007 passed by the Execuun Court is hereby set aside. The matter is rermiaridecd to the Executing Court to pass-appropriate orders on the memo and the objections. led =< providing an opportunity to.beth the parties. as expeditiously as possible in' vert Wot hater fhan three months from the date df-re eipr of copy of this order. However, the to withdraw the deposit respondents are- made by "the. petiuener amounting to ee