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IN THE men mum on’ KARNATAKA, ~
DATED mas THE 9?}! DA?’ cm JI’!«NE;. \ A 4.
BEFORE % %_
THE Hor-VBLE MR. “i§i§Dni’
WP No 10808 J
BETWEEN
1 SURENDRARAIKA’
s/0 sADHUi;mKA–_ % _
A/A ‘ .
R/O VILLAGE.
CHANVNKGSRER:pA\'”AFEGEI€E..,_H_ PE’l’i’I’}ONER
(By Sri; SS 3
L’ ” ‘VTHE COMMISSIONER
Davmagiaa
2 % =.’rH,1:: A$S’f comma
DAVANGERE sus amsxorz
_ _ DAVANGERE
WI 0 LATE KESHYA NAIKA
MAJOR
4 PARAMESHWAIM NAIKA’
s/0 LATE KESHYA rwzca
MAJOR i E,.fi\
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contending that the orders impugned am fully
do not call for interfismnce.
3. The ncspondent mg of ‘V V
objections dated 4.10.3905 oltiezrs
impugned are just, :10 not can br
interference. 3’ _ – ”
4. Sri S 33 ‘]£’éI:I’i’l.6(1 ‘0_(‘)1″I.fi{§9f’~]..”fO!’ the petitioner
submits fiievance over that
portion ‘ii}e1ates to declaxing the
Sale two acres of land by
Haia and that the writ pcztition is
‘ .__a the older in so far as it relates to
and void the Partition Deui dated
25′.’?..’198(V}« the petitioner’s father mound 2
‘ acres ‘ of “V ” out of four acme of the grmtnd land.
V’ to the learned counsel, a partition amongst
of the family is impliedly cxcluded in the
“{ié finiflon of the term ‘transfer’ under cue} of sub.sec.(1)
of Sec.3 of the Act and hence the Act is not
the said transfer.
3. The definition of the
gift, exchange, mortgage or lease
or any other of a charge
or an to of which the
granted However,
a 6% or tcatmentazy
disposition egemement is implicdly excluded.
The ~ of exempts a partition
amongst of a or testamentary disposition
” to Secs.4t-Ind 5 oftlmAct.
EA. facts of the case, more appmpriahely
of the petitioner and Hala Name’ were
other as family members and had by
V K V Am’ dated 25.7.1930 on separate’ :1 from their’ may’
distributed thefanfilypmpcrties being fouracresof
‘v.granted}andwhencethe petitioncrh fatherandiiala Naika
M
took one half Sham each ( two acres each)
transfer, stands excluded from the V
The orders of the Am. ‘ti;e1~.of:
Deputy Commifiunoner to
jurisdiction, ” I
In the xemti,’ in pan. The
oniera of of the Deputy
to declaring the
Pare ‘ -_ esbetween the pee” s
fiather and’ and in all other respect
L e R .A3:;t’-iof Rs..3000/– in depos1t’ in compuame
‘ jwitli 13.6.2005, is directed to be made over
xreLspowientsu Z 3 to 5 strictly’ in edema w1th’ the said
‘ Sd/-Q
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