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1974 Supreme(Kar) 236

V.S.MALIMATH, M.S.NESARGI
MANORAMA PANDURANG PATIL – Appellant
Versus
APPAYYA THAKKAPPA KALKHAMBKAR – Respondent


Advocates:
N.A.MANDAGI, SRINIVASA IYENGAR, W.K.JOSHI

( 1 ) THIS matter has come up before us on a reference made by Venkataramiah J, by his order dt. 8th May 1974 which reads as follows :" The petition is referred to a Division Bench for hearing since i da not agree with the decision in CRP. 1430 of 1969. "

( 2 ) OS. 369 of 1973 filed by respondent 1 in the Court of the Munsiff at Belgaum was allocated by the Principal Munsiff to the III Addl Munsiff. Sri A. A. Hulageri who was the III Addl Munsiff granted an ad interim injunction order in favour of the plaintiff. The 1st defendant filed her objections and prayed for vacating the exparte interim order. Thereafter sri A. A. Hulageri was transferred as II Addl Munsiff of the same Court by the order of the High Court d|. 17-1-1974. The High Court directed the Dist Judge of Bedgaum to make in-charge arrangements till a successor takes charge of the post of the III Addl Munsiff of the Court of the munsiff at Belgaum. Accordingly the Dist Judge directed Sri A. A. Hulageri, ii Addl Munsiff, Belgaum, to be incharge of the post of III addl Munsiff, Belgaum, also. It is thereafter that Sri A. A. Hulageri took up for consideration IA.-I and the objections filed against the exparte interim order












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