Murlidher Rao, J. Petitioner challenges the order dated 7-12-1981, passed by respondent-1, marked as Annex, 'D'.

In retrospect, the facts are as follows. On 8-8-1962, second respondent, hereinafter referred to as pledged gold ornaments with Canara Bank, Gadag and obtained loan of Rs. 1900/-. On 21-12-1962 pledger authorised respondent-3 to discharge the loan and take release of pledged articles. According to petitioner's application dated 3-12-1976 (An. B) it was third respondent - Shivappa Basappa Mugali, who discharged the loan and took delivery of pledged articles this is reaffirmed in his statement (Annex E) before the Tahsildar. The petitioner is pledger's wife's uncle. During the enquiry, it transpired that petitioner (not respondent-3) took delivery of the pledged articles and he has signed the receipt - in the Bank : the said receipt is not produced. The Magistrate passed an order against the petitioner to return the articles; this order was challenged by the petitioner in W.P. No. 6473 of 1977, on the ground that petitioner was not a party to the proceedings and there was no privity of contract between him and pledger. The said writ petition was allowed, after settin