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2024 Supreme(Online)(KAR) 30138

HIGH COURT OF KARNATAKA
HEMANT CHANDANGOUDAR
VAISHALI VIVEK JADHAV – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent


Petitioner Advocates:SHIVARAJ P MUDHOL ,Respondent Advocate: AGA FOR R1-R3

ORDER

The land bearing Sy.No.71/1, measuring 5 acres at Boragao Village, Taluk: Chikkodi, District: Belagavi, is the subject matter of this petition.

2. The subject land was mortgaged with respondent No.4/Bank towards security for repayment of the loan. The borrower having failed to repay the loan amount to the Bank/respondent No.4 initiated proceedings under Section 70 of the Karnataka Co-operative Societies Act, 1959, for recovery of loan amount from the borrower. The dispute was allowed by the Competent Authority, and in terms of the order passed by the Competent Authority, the subject land was attached and a charge was created in respect of the subject land and the same was mutated in the revenue records.

3. Such being the case, the petitioners and the other family members have obtained a compromise decree in O.S.No.60/2004 and under the said compromise decree, the subject land was allotted to the share of the petitioners. In pursuance of compromise decree, the petitioners submitted waradi to the Tahasildar concerned for mutating their names in the revenue records. The Tahasildar concerned mutated the names of the petitioners in the revenue records. Taking exception to the same,

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