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1997 Supreme(Kar) 448

H.N.TILHARI
CYRIL DSOUZA – Appellant
Versus
PONKRA MUGERA – Respondent


Advocates:
K.R.SUBRAMANYA RAO, SHANTHA KUMAR V.MAHALE

H. N. TILHARI, J.

( 1 ) THIS writ petition has been filed under article 226 of the Constitution of india, for calling for the records pertaining to ads/ptl/cr/7/94-95 disposed by order dated 23-6-1997, pertaining to the court of the assistant commissioner, mangalore sub-division, mangalore and for issue of writ of certiorari quashing the order dated 23-6-1997, in that case, copy of which has been annexed as Annexure-D to this writ petition.

( 2 ) THE facts of the case will per se reveal that this ease has been an attempt to play fraud on the court by filing a document which prima facie appears to be a forged document and prima facie appears to have been numbered ante-dated. according to the petitioner's case, respondent 1, agreed and compromised with the petitioner on 27-5-1970, that the land measuring 20 cents of sy. Nos. 9/2-a and 15-b, was pending for darkhast in the proceedings and that out of 20 cents, the 1st respondent agreed to part with the petitioner 10 cents for a sale consideration of Rs. 1,100/- and on the date of agreement, 1st respondent received a sum of Rs. 600/- as advance amount and agreed to sell 0. 10 cents of the land after darkast order. Ever since the executi










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