( 1 ) IN this writ petition under Art. 226 of the Constitution, the petitioner has challenged an Order bearing No. KDR/sr-16 dated 2-5-1977 (Ext. K) of the Taluka Magistrate, Raibag, extinguishing the mortgage debt of Rs. 14,000 contracted by respondent Nos. 2 and 3 from the, petitioner and directing him to deliver possession of the lands bearing S. Nos. 448/1 an 764/1 (l/3rd share) to respondents Nos. 2 and 3. Admittedly respondent no 2 is the mother of respondent No. 3 and they are either jointly or separately the owner of the agricultural lands bearing S. No. 448/1 measuring 5 acres and 7 guntas and S. No. 764/1 measuring 4 acres and 5 guntas (l/3rd share) situated in Mugalkhod village, Ragbag Taluk, Belgaum district. At some stage, respondent No. 2 has claimed that she is the owner of these lands and at some stage she has claimed that her daughter is the owner of these lands. There is no dispute between them on the ownership of these lands and their interest is one and the same and therefore I will refer to them in the course of my order as the respondent.

( 2 ) AMONG others, the petitioner appears to be a money lender in to the village. It is the case of the respondent herself

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