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1998 Supreme(Kar) 366

H.N.TILHARI
SANKAPPA GANGAPPA RONAD – Appellant
Versus
SHIVAPPA DHARMAPPA KARESEERI – Respondent


Advocates:
S.A.Kalagi, Umesh R.Malimath

H. N. TILHARI, J.

( 1 ) THIS civil revision under Section 115, Civil Procedure Code arises from the order dated 16-4-1994 delivered in Ex. Case No. 2 of 1991 by the Munsiff and J. M. F. C. , Navalgund. The operative portion of the order reads as under. "case advanced on board. G. L. M. ADV. filed application under order 21, Rule 38, Section 51, Civil Procedure Code with P/f praying for issue of arrest warrant to judgment-debtor with police aid. Heard and same is allowed. Issue arrest warrant to judgment-debtor with police aid, returnable by 22-4-1994. Sd/-16-4-1994 munsiff, Navalgund". Feeling aggrieved from this order, the judgment-debtor has filed this present revision under Section 115, Civil Procedure Code.

( 2 ) I have heard Sri S. A. Kalagi, learned Counsel for the revisionist-petitioner and Sri Umesh R. Malimath, learned Counsel for the respondent.

( 3 ) IT has been contended by the learned Counsel for the judgment-debtor, revisionist-petitioner that the Court below has acted illegally in passing the impugned order and in issuing directly the warrant of arrest without giving any opportunity or without giving any show-cause to the judgment-debtor. Learned Counsel contended tha






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