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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