VIDE

ANNEXURE 'Q' DATED 19.06.2012 IN SPL.

DARAKASTH CASE NO.26/1964 ON THE FILE

OF THE PRINCIPAL SENIOR CIVIL JUDGE AND

CJM, DHARWAD AND KINDLY ALLOW I.A.

FILED UNDER SECTION 101-B R/W RULES

38-A(15) R/W. (1 TO 14) OF 38-A OF

KARNATAKA CO-OPERATIVE SOCIETIES ACT,

1959 AND RULES, 1960 R/W. SECTION 59A

OF THE BOMBAY CO-OPERATIVE ACT, 1925

ALONGWITH SECTIONS 47 AND 151 OF THE

CPC VIDE ANNEXURE-N.

(B) DIRECT RESPONDENT NO.1 - SOCIEITY TO

CANCEL THE MORTAGAGE DEED AND DIRECT

RESPONDENT NO.1 - SOCIETY TO EXECUTE

THE REGISTERED REDEMPTION DEED OF THE

PROPERTIES THEREUNDER IN THE NAME OF

PETITIONER,

FREE

FROM

ANY

ENCUMBRANCE.

(C) DIRECT RESPONDENT NO.1 - SOCIETY TO

PERMIT THE EXCESS AMOUNT PAID BY THE

PETITIONER TO THE TUNE OF Rs.4,38,034/-

AS

PER

MEMO

OF

DHr

DATED

19/09/1976

AND

15/04/1987

VIDE

ANNEXURES - M AND M1 RESPECTIVELY AND

AS

PER

STATEMENT

OF

CALCULATION

SUBMITTED BY PETITIONER (JD1(d)) VIDE

ANNEXURE-M2.

THIS WRIT PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 24.03.2022, COMING ON FOR

PRONOUNCEMENT THIS DAY, THE COURT MADE THE

FOLLOWING:

4

ORDER

On

13.11.1954,

Shantappa

Sangappa

Yelamali (the father of the original petitioner – Totappa)

along with his three brothers