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2022 Supreme(Online)(Kar) 38241

HIGH COURT OF KARNATAKA
M G UMA
SHANTABAI @ SHANTAVVA W/O SHIVAPPA WALI AND ORS – Appellant
Versus
SHAILA W/O SURESH WALI AND ANR – Respondent


The petitioners are before this Court seeking to set

aside

the

order

dated

06.01.2020

passed

in

Crl.Misc.No.588 of 2017 by the learned Civil Judge and

JMFC, Indi, which was confirmed by the order dated

16.08.2021 passed in Criminal Revision Petition No.140 of

2020 by the learned III Additional Sessions Judge,

Vijayapur.

Brief facts of the case are that, respondent

No.1 – petitioner has filed an application under Section

125(3) read with Section 157 of Cr.P.C. praying to enforce

the order of maintenance and to create charge over the

4

properties, to an extent of 1/7th share of her husband, who

is respondent No.2 herein, as shown in the schedule

attached to the application. The said application was

considered by the Trial Court and the impugned order

dated 06.01.2020 was passed which reads as under:

“The Tahasildar Babaleshwar is hereby

directed to create charge of Rs.7,19,250/- over

the Sy.No.192/2 measuring 6 acres 22 guntas,

Sy.No.190/2A measuring 4 acres 23 guntas,

Sy.No.327/1 measuring 4 acres 8 guntas,

Sy.No.194/1+2 measuring 16 acres 10 guntas

situated at Sarawad in resepct of share of

respondent No.1.

Further it is hereby ordered that issue

attachment of movable properties o

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