IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAI) DATED THIS THE 1573 DAY 09 sEPrEMBEM§Y}§.§RVED§3Y " " WRIT PE'I'iTION No.22;;2_Qj;20:)8 BETWEEN: Sri.Gan.cshma1, V '_ '_ 5 , V S/o Bhagawanji Rath::d.. } Aged about68 yeaxs, V ' Oc:c:Busincss1;-- V -- R/o Near cf;om:t1'<',izcxc, ;: .. Gokak, _V ..Petitioncr 1B¥5¥i-Jaeéifi$h% 5 % Shrif Tell, Aged ab031t=47 ycaxfs,' « 9' C;cc:Ag1icuJt1iI'e; ' - is/qM_Lsh;gxm;ashi,_M_irq:Athani, " "Dist::E3c1g.a_um. ..Responden'£ petition is filed under Articles ms and 227 of "thc ».. Co:i$tit1.1fion of India praying to quash the impugned oxiirjcfi-' passed by the Pr}. District Judge, Belgaum, in Mme. 1 Case No.3[07 and 10107 dt.10.12.2007 Vida An11ex.C and to 9' ifzvcrse the same and ctc., This writ petition coming on for preliminary hearing, this day, the Court made the following: 6 ORDER
Heaxd the Counsel for the petitioner. The is
a Iesident of Gokak and a businessman
shop. It is contended that _resp3ndent;V»had4_’
complaint before the Athani poiioe
on 2.11.1985, along within oiisxiticles
stolen from his house. it ghasis of the
complaint, had one Chouhan of
Raibag who the shop of the
petitioxierfland ‘stolen. A charge~sheet
was Chouhan and he was
uiegooioiy case. In so far as the
goldvvijetieeflezyxeécoveled was concerned, as there
were rivoi it teas directed that the petitioner and
shsfl”‘estabfish their title to the same before a
V This was challenged by way of appeals
it 1_ieto1e_At1ie.:€iessions Court and further proceedings before the
I~{ighfi(3;ot1It and ultimately the matter reached the Supreme
~ While the Supreme Court had omioioo the direction
that the parties shall establish title to the goods by xecourse
i to a civil suit. Accordingly the respondent had a
civil suit in 0.8.53/2006 on the file of Civil Judge (Sr. Dn.)
Court, Athani, and the petitioner had initiated a. civil suit in
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