'W? No.31'23'2/2008
: 1 :
IN TIE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED ms THE 16"' DAY OF Am. : "
Bfioms: _ "
'r1mHoN*BLEw11.J1Is11<;#r--mJI*r é
WRIIPEIIIQON No.3123fi;r20O-S
BETWEEN: * - V "
RAJAN
S,/ODIVAKARNAIR, __
AGE:48 YEARS,OCC:CON"1'R2'+CT(--_)R *-
RIO AYYAPPANAGAR VH.L1-XGE, V V
HUBLIROAD,S]RSI, '- _ 5 ~ _
UTTARKANNADA'D1STRIC'l";"-.."A * p ...PI~3'I'I"I'IONER
(BY J
SRLM.K_YA.\_&AN.UR,'ADV)_
Amp: s}zI3KUi{AF3D1JL RAZAK SHAEXH
, 'AGEA5 'IEARS, OOCIBUSINESSMAN,
V210 NEEJARUNAGAR, sums:
DISTRICT. ..RI£SPONDm\I'1'
MZS;EIE GflE, NEERALGI AND PATIL, AIDV)
" ?E'I'I'i'ION IS mm ummz ARTECLES 226 AND 227 OF
" CONSTTTUYION OF INBIA PRAYBQG TO QUASH THE IIVIPUGNED
' D'I'.3(}, 10.2008 PASSEI) BYTHE LEARNED CIVE. IUDGE (JRDN)
'_S3RASI IN 03 NO.}1?J2001 WHICH IS MARI% AS ~A
.. H' WHICE ES PASSED AS PER 'IRE DIRECTION ISSUED BY THE LEARNEI)
" » ._ ..CIVIL IUDGE (SRDN) SIRASI ON 01.16.2008 EIRANOESIEUOG WEHCH IS
AS --B IN SO FARAS DIRBCTING THE TRANSFER
OF THE G AMOUN'§' Dl£*Zi'OSI'i'ED IN C.C.D IN LOWER
COURT AND HNT 30 F AR. AS ORDERING THAT TIE PARTY WHO
SUCCXS IN THE SUIT IS EN'i'I'I'LE}:) TO THE AMOUNT SO
wp No.31232/2008
: 2 :
DHOSITED SUBJECT TO TIE ORDER OF THE LOWER COHRT IS
CON AND ETC, . __
THIS PETTITGN CO1\mTG ON FOR ARY 31
'B' GROUP, THIS BAY, THE CGURT MADE TIE FOLLOW%?G_; , L" '_ A'
1. The petitioner and the 9
partnership which uttixnatcly zan
An acrimony between the;
in filing the suit The
parmcrship would ':3. vziieo theater.
Dunn' 31:11.3. application is fikd under
01dcr '3_9"§§uk: 1" cm restraining the respondent
herein epe:~et§eg” sand’ video theater. Init1a’ ny ad
yantcd but later on vacated. The
» .fi§ras’«:iii:stioned in an appeal by the petitioner. The
the application in part inasmuch as
respondent to deposit a sum of Rs.2,0(}O[- per
3 ‘week the trial court. The said ozdcr was questioned both
the petitioner as we}! as respondent bcibrc this Court in
” V’ ‘””f;Wo revision pctitinns. During the pcndcncy of these. two
revision pcfitions, the amount was increased fmm
/.
Rs.2,000/- to Rs.3,D0()/- per week pending disposal of the %
W? 930.3123?/2008
revision petitions. Eventually, both the
were disposed of directing the respendentio’ sziizir
of Rs.3,000/– per week as bgggggg’ em’
filed by the petitioner was dismissciieeii the Vtigg’ ,
suit itscn’ was not wuamiof of the
Partnership Deed as petitioner
has filed an appeal inM%§2;-1;,%1~*;:>§2$/ the file of Civil
Judge (Sr.D;;1§)1AA:;:je§§it proceedings, an
applicatioii<V'i1ifflII?I:'.'Vie':i'fi1e§i":ii3.ruzi:i1e.=xei;s;)6i1dent for withtirawal of
the Inciiieiitelly, it has to be noticed
ef the petitioner was permitted
to xvit_11draiv 0611.33,-*1 aim: fnom time to time. The relief in
'~ _ §v§1s.,e_to the remaining amount in deposit.
L' balance of amount. The said application was
'serif te W ma!' court by the Appellate Court for
adjiidieaifien. The learned trial Judge has granted the
u V' » ejjplicaiion and has permitted the respondent to withdraw
Z "amount in deposit but hcswever subject to the respondent
"furnishing security to the satisfaction of the trial Court. The
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WP No.3 I232/2008
said order is questioned in this writ petition
is produced at Axmexure-A.
2. Mr.D.B.Kari.gar, learned u
petitioner would vehemcntljr eejnfendhvthat
is in deposit legitimately bgzesfiga the”‘pc1iti«:;ner. He
submits that the is his share.
Hence, the permitting the
I’€Sp0I1dCII;.*.«’§’§3′ afler furnishing a
passed by this court in
the Ietfisifln
3. __Mr.K;P. counsel Ibr the respondent
that tcly the petitioner succeeds in the
émeunt would be safe inasmuch as the trial
him to furnish the security. Hence,
‘ . _ jusfifieie ozder.
I have perused the impugned curler passed by the
trial Judge. Apparently, it is a harmless order
permitting the respondent to Withdraw the amount. indeed,
it has to be noticed that the right of the petitioner is also
1,
“*-¢w..
a
WP 930.3123?/2008
: 5 :
required to be safeguanled in the event he suoeeedejn the
appeal. Keeping the interest of both the petitioner’
respondent in mind, if the order passed by
Judge is modified directing the reepo1;dez:§t.'{ed’
guarantee to the amount in depdsit lfiefdie
would meet the ends of juefzice. Itddieflsfiy the-L’
respondent is requi1’ed__ to alive
pending disposal of tV}1e..’é1ppe;aL%.;_» the following
order is V
bank guarartee to the
‘ V. _v the respondent fi1m’1s11es the
bank guarazztee shailbe kept a1xve’
:_di§;’3:£ea§of R.A.1’~Io.28/2006 The respondent shall
steps to recover the armum from the
finality.
2 VT Petition stands disposed ofaccadingly. r
Sd/-‘ %
Iudqe
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