SRI. MOHAN S/O GANGAPPA GUNDLUR vs SUVARNA W/O BASAVARAJ GUNDLUR,

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 28 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 108891 OF 2026 (GM-CPC)


BETWEEN:



SRI. MOHAN S/O GANGAPPA GUNDLUR
AGE: 73 YEARS, OCC. AGRICULTURAL,
R/O. AYODHA NAGAR, BELAGAVI,
TQ. BELAGAVI, DIST. BELAGAVI 590001.
…PETITIONER



(BY SRI. SRINAND A. PACHAPURE, ADVOCATE)

AND:

1. SUVARNA W/O BASAVARAJ GUNDLUR,
AGE: 53 YEARS, OCC: HOUSEHOLD,
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

2. PRAJWALA D/O BASAVARAJ GUNDLUR,
AGE: 30 YEARS, OCC: HOUSEHOLD,
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,

DIST: BELAGAVI-591109.

3. AKHILA D/O BASAVARAJ GUNDLUR,
AGE: 28 YEARS, OCC: STUDENT,
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

4. VINAY S/O BASAVARAJ GUNDLUR,
AGE: 26 YEARS, OCC: STUDENT,
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

VIRUPAXI S/O GANGAPPA GUNDLUR,
SINCE DECEASED BY LRS,

5. SMT. SUSHILA W/O VIRUPAXI GUNDLUR,
AGE: 75 YEARS, OCC: HOUSEHOLD,
R/O: SAHYADRI NAGAR, VIDYANAGAR COLONY,
TQ. AND DIST: BELAGAVI-590019.





Digitally
signed by
SAROJA
HANGARAKI
Location: high
court of
karnataka,
dharwad bench

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6. SHRI. SHIVAPRAKASH S/O VIRUPAXI GUNDLUR,

AGE: 40 YEARS, OCC: SERVICE,
R/O: SAHYADRI NAGAR, VIDYANAGAR COLONY,
TQ AND DIST: BELAGAVI-590019.

7. SHRI. SOMASHEKHAR S/O VIRUPAXI GUNDLUR,
AGE: 38 YEARS, OCC: SERVICE,
R/O: SAHYADRI NAGAR, VIDYANAGAR COLONY,
TQ AND DIST: BELAGAVI-590019.

ARJUN S/O GANGAPPA GUNDLUR,
SINCE DECEASED BY LRS,


8. BASAMMA W/O ARJUN GUNDLUR
AGE: 70 YEARS, OCC: HOUSEHOLD,
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

9. RUDRAVVA W/O KALAGOUDA NAVALAGATTI,
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O: PLOT NO. 1 NAVALAGATTI ONI,
NAVALAGATTI VILLAGE,
TQ: BAILHONGAL-591125, DIST: BELAGAVI.


10. JAGADISH @ SHIVANAND S/O ARJUN GUNDLUR,

AGE: 35 YEARS, OCC: JAIL CONSTABLE,
R/O: JAIL STAFF QUARTERS, INDALAGA VILLAGE,
TQ AND DIST: BELAGAVI-591108.

11. SANJU SUBHAS GUNDLUR,
AGE: 51 YEARS, OCC: AGRICULTURIST,
R/O: ASHOK NAGAR BELAGAVI, TQ: BELAGAVI,
DIST: BELAGAVI-590016.

VINAYAK SUBHAS GUNDLUR,
SINCE DECEASED BY LRS,


12. SMT. RUPA W/O VINAYAK GUNDLUR,

AGE: 35 YEARS, OCC: HOUSEHOLD,
R/O: ASHOK NAGAR NEAR KLE’S CANCER HOSPITAL,
BEHIND DURGAMBA HOTEL BELAGAVI,
TQ: BELAGAVI, DIST: BELAGAVI-590016.

13. KUMAR. ANUP S/O VINAYAK GUNDLUR,
AGE: 4 YEARS, OCC: NIL, MINOR REPT. BY
NATURAL MOTHER GUARDIAN RESP. 12,
SMT. RUPA W/O VINAYAK GUNDLUR

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R/O: ASHOK NAGAR NEAR KLE’S CANCER HOSPITAL,
BEHIND DURGAMBA HOTEL BELAGAVI,
TQ: BELAGAVI, DIST: BELAGAVI-590016.

14. ANIL SUBHAS GUNDLUR,
AGE: 41 YEARS, OCC: AGRICULTURIST,
R/O: ASHOK NAGAR BELAGAVI,
TQ: BELAGAVI, DIST: BELAGAVI-590016.

15. ASHOK S/O GANGAPPA GUNDLUR,
AGE: 56 YEARS, OCC: AGRICULTURIST,
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

16. RAVIKUMAR S/O GANGAPPA GUNDLUR,
AGE: 51 YEARS, OCC: AGRICULTURIST,
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

17. LAXMIBAI W/O NAGAPPA KALLUR,
AGE: 79 YEARS, OCC: HOUSEHOLD,
R/O: NAVALAGATTI VILLAGE, TQ: BAILHONGAL,

DIST: BELAGAVI-591125.

SHANKUNTALA W/O RUDRAPPA GADDIHALSHETTI
SINCE DECEASED BY LRS.

18. SANJU S/O RUDRAPPA GADDIHALSHETTI,
AGE: 56 YEARS, OCC: AGRICULTURIST,
R/O: KERI ONI, M.K HUBBALLI VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591118.

19. LAXMI W/O NAGARAJ GADDIHALSHETTI,
AGE: 38 YEARS, OCC: HOUSEHOLD,
R/O: KERI ONI, M.K HUBBALLI VILLAGE, TQ: BAILHONGAL,

DIST: BELAGAVI-591118.

20. SUDHA W/O RAVI HANCHINAMANI,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O: BHAGYALAXMI SUGAR FACTORY QUARTERS, KHANAPUR,
TQ: KHANAPUR-591202, DIST: BELAGAVI.

21. SUREKHA W/O CHANNANAIK BHAVI,
AGE: 53 YEARS, OCC: HOUSEHOLD,
R/O: HANNIKERI VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.

22. ANUSUYA W/O CHANDRASHEKHAR ANGADI,

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AGE: 67 YEARS, OCC: HOUSEHOLD,
R/O: M.K HUBBALLI VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591118.

23. RAJESHWARI W/O GOUDAPPA BENAKATTI,
AGE: 57 YEARS, OCC: AGRICULTURIST,
R/O: HOLIHOSUR VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

24. SUSHILAWWA W/O RUDRAPPA GUNDLUR,
AGE: 92 YEARS, OCC: HOUSEHOLD
R/O: SULAKUD VILLAGE, TQ: KAGAL,
DIST: KOLHAPUR -416216,
STATE: MAHARASHTRA.

CHAYA W/O ANNAPPA NIRWANI
SINCE DECEASED BY LRS.

25. VIJAY S/O ANNAPPA NIRWANI,
AGE: MAJOR, OCC: AGRICULTURIST,
R/O: ANJANEYA NAGAR, NEAR KMF MILK DAIRY,
RAMATEERTH NAGAR BELAGAVI, TQ: BELAGAVI,

DIST: BELAGAVI-590016.

26. SUDHIR S/O ANNAPPA NIRWANI,
AGE: MAJOR, OCC: AGRICULTURIST,
R/O: ANJANEYA NAGAR, NEAR KMF MILK DAIRY,
RAMATEERTH NAGAR BELAGAVI, TQ: BELAGAVI,
DIST: BELAGAVI-590016

27. SUJATA S/O SHIVAPRAKASH GUNDLUR,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O: ANJANEYA NAGAR, NEAR KMF MILK DAIRY,

RAMATEERTH NAGAR BELAGAVI, TQ: BELAGAVI,
DIST: BELAGAVI-590016

LATA W/O ASHOK PATIL,
SINCE DECEASED BY LRS,

28. SHRI. ASHOK RAMANAGOUDA PATIL (TARADALE)
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: SULAKUD VILLAGE (GAJABARAWADI), TQ: KAGAL,
DIST: KOLHAPUR -416216,
STATE: MAHARASHTRA.


29. SHRI. PRASHANT S/O ASHOK PATIL (TARADALE)

AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: SULAKUD VILLAGE(GAJABARAWADI),

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TQ: KAGAL, DIST: KOLHAPUR -416216,
STATE: MAHARASHTRA.

30. SHRI. PARDIP S/O ASHOK PATIL (TARADALE)
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: CADILLA HEALTHCARE LTD, [QUALITY ASSURANCE DEPT.]
KUNDAIM INDUSTRIAL ESTATE, KUNDAIM, TQ & DIST: PONDA
STATE: GOA-403115.

31. PUSPA W/O VIJAY PATIL,
AGE: 58 YEARS, OCC: HOUSEHOLD
R/O: PARWATI BUILDING, NATHPAI NAGAR,
ANGOL, TQ: BELAGAVI, DIST: BELAGAVI- 590001.

32. UMA W/O MALAGOUDA PATIL,
AGE: 55 YEARS, OCC: HOUSEHOLD
R/O: NAVALGATTI VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAV- 591109.

ANNAPPA VEERAPPA GUNDLUR,
SINCE DECEASED BY LRS,

33. KASHAWWA IRANNA YAMAKANAMARDI,
AGE: 86 YEARS, OCC: HOUSEHOLD,

R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

34. SHIVALEELA URF SULUCHANA BASAVARAJ ITAGI URF HOSMANI,
AGE: 55 YEARS, OCC: HOUSEHOLD
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

35. MUTTAWWA MADIVALAPPA BIDARI,
AGE: 55 YEARS, OCC: HOUSEHOLD
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,

DIST: BELAGAVI-591109.

36. SAVITA URF BASAWWA BASAVARAJ KOTAGI,
AGE: 55 YEARS, OCC: HOUSEHOLD
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

37. SURESH ANNAPPA GUNDLUR,
AGE: 55 YEARS, OCC: AGRICULTURIST,
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

YASHAWANT VEERAPPA GUNDLUR

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SINCE DECEASED BY LRS.

38. PRABHAVATI W/O ANNAPPA GHARSHI,
AGE: MAJOR, OCC: HOUSEHOLD
R/O: LAXMI GALLI, CHAPAGAON, TQ: KHANAPUR,
DIST: BELAGAVI-591120.

39. SHAILA W/O DODDAPPA ANGADI,
AGE: MAJOR, OCC: HOUSEHOLD
R/O: GANDIGAWAD VILLAGE, TQ: KHANAPUR,
DIST: BELAGAVI-591112.

40. SUMANGALA W/O KALMESH KAGATI,

AGE: MAJOR, OCC: HOUSEHOLD
R/O: BELUR VILLAGE, TQ: DHARWAD,
DIST: DHARWAD-591120.

MANTESH YASHAWANT GUNDLUR,
SINCE DECEASED LRS BY LRS,

41. SHASHIDHAR YESHAWANT GUNDLUR,
AGE: MAJOR, OCC: SERVICE,
R/O: HERIBAGEWADI VILLAGE, TQ: BELAGAVI,
DIST: BELAGAVI-591109.


42. DEEPA YASHAWANT GUNDLUR,

AGE: MAJOR, OCC: HOUSEHOLD
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

MAHANTESH YASHAWANT GUNDLUR
SINCE DECEASED BY LRS.

43. MANJULA MAHANTESH GUNDLUR,
AGE: MAJOR, OCC: HOUSEHOLD
R/O: GIRIYAL VILLAGE NOW AT HERIBAGEWADI,
TQ: BELAGAVI-591109, DIST: BELAGAVI.


44. VEERESH MAHANTESH GUNDLUR,

AGE: MAJOR, OCC: AGRICULTURIST,
R/O: GIRIYAL VILLAGE NOW AT HERIBAGEWADI,
TQ: BELAGAVI-591109, DIST: BELAGAVI.

45. APOORVA MAHANTESH GUNDLUR,
AGE: MAJOR, OCC: HOUSEHOLD
R/O: GIRIYAL VILLAGE NOW AT HERIBAGEWADI,
TQ: BELAGAVI-591109, DIST: BELAGAVI.

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46. NAGARAJ MAHANTESH GUNDLUR,
AGE: MAJOR, OCC: HOUSEHOLD
R/O: GIRIYAL VILLAGE NOW AT HERIBAGEWADI,
TQ& DIST: BELAGAVI-591109,


PATREWWA W/O MARIGOUDA PATIL
SINCE DECEASED BY LRS,

47. YALAGOUDA MARIGOUDA PATIL,
AGE: 74 YEARS, OCC: RETIRED PROFESSOR,
R/O: SADASHIVA NAGAR BELAGAVI,
TQ AND DIST: BELAGAVI-590019,

48. GOUDAPPA MARIGOUDA PATIL,
AGE: 74 YEARS, OCC: AGRICULTURIST,
R/O: NEAR HANUMANT TEMPLE,
NAVALAGATTI VILLAGE, TQ: BAILHONGAL
DIST: BELAGAVI-591125.

49. MALAGOUDA MARIGOUDA PATIL,
AGE: 74 YEARS, OCC: AGRICULTURIST,
R/O: NEAR HANUMANT TEMPLE,

NAVALAGATTI VILLAGE, TQ: BAILHONGAL
DIST: BELAGAVI-591125.

50. ANANTGOUDA MARIGOUDA PATIL,
AGE: 70 YEARS, OCC: AGRICULTURIST,
R/O: NEAR HANUMANT TEMPLE,
NAVALAGATTI VILLAGE, TQ: BAILHONGAL
DIST: BELAGAVI-591125.

51. SUVARNA W/O SHIVALINGAPPA KAJAGAR,
AGE: 77 YEARS, OCC: HOUSEHOLD,

R/O: MURGOD ROAD NEAR IRRIGATION OFFICE,
BAILHONGAL, TQ: BAILHONGAL
DIST: BELAGAVI-591125.

52. SHAKUNTALA W/O SHRISHAIL YALLAPPGOUDAR,
AGE: 75 YEARS, OCC: HOUSEHOLD,
R/O:BAILWAD VILLAGE, TQ: BAILHONGAL
DIST: BELAGAVI-591102.

53. ANUSUYA W/O BASAVARAJ PATIL,
AGE: 73 YEARS, OCC: HOUSEHOLD,

R/O:SADASHIVA NAGAR BELAGAVI,
TQ: BELAGAVI, DIST: BELAGAVI-591125.

54. VIJAYALAXMI W/O BABU TURAMARI,

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AGE: 70 YEARS, OCC: HOUSEHOLD,
R/O: ITAGI VILLAGE, TQ: KHANAPUR,
DIST: BELAGAVI-591112.

55. MAHADEVI W/O MALLIKARJUN PATIL,
AGE: 73 YEARS, OCC: HOUSEHOLD,
R/O: NEAR YASH HOSPITAL, MAHADWAR ROAD,
BELAGAVI, TQ: BELAGAVI, DIST: BELAGAVI-590001.

56. PRAKASH GANGAPPA PATIL KERIHOLADAR,
AGE: 44 YEARS, OCC: AGRICULTURIST,
R/O: GIRIYAL VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-591109.

BASAVARAJ GANGAPPA PATIL KERIHOLADAR,
SINCE DECEASED BY LRS,

57. KUMARI. DEEPA D/O BASAVARAJ PATIL KERIHOLADAR,
AGE: 11 YEARS, OCC: STUDENT,
MINOR REPT. BY SANGAPPA NINGAPPA TELI,

R/O: DODWAD VILLAGE ,IIND STAFF, NEAR KMF MILK DAIRY,
TQ: BAILHONGAL-591104, DIST: BELAGAVI.


58. KUMAR. GANESH S/O BASAVARAJ PATIL KERIHOLADAR,
AGE: 03 YEARS, OCC: STUDENT,
MINOR REPT. BY SANGAPPA NINGAPPA TELI,
R/O: DODWAD VILLAGE, IIND STAFF,
NEAR KMF MILK DAIRY,
TQ: BAILHONGAL-591104, DIST: BELAGAVI.

59. SUJATA W/O SHANKAR MASTI,
AGE:39 YEARS, OCC: HOUSEHOLD,

R/O: MALAPUR VILLAGE, TQ: GOKAK,
DIST: BELAGAVI-591101.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI QUASHING THE ORDER DATED
25/08/2026 ON I.A NO. 33 AND 34 PASSED BY THE COURT OF
SENIOR CIVIL JUDGE, BAILHONGAL IN FDP NO. 09/2018 MARKED AT
ANNEXURE-A, IN THE INTEREST OF JUSTICE AND ETC.

THIS WP COMING ON FOR PRELIMINARY HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

1. The petitioner, who is respondent No.6 in final decree
proceedings in FDP No.9/2018 is before this Court, being
aggrieved by the order dated 25.08.2026 passed on
I.A.Nos.33 and 34 on the file of Senior Civil Judge,
Bailohongal. The said final decree proceedings have been
initiated by the respondent Nos.1 to 4 herein seeking
enforcement of the preliminary decree passed in
O.S.No.34/2014.

2. The petitioner herein had preferred a Regular First Appeal
in RFA No.100096/2018, which is pending before this
Court. By order dated 03.12.2018 this Court had granted
interim order staying the drawing up of the final decree
proceedings alone.

3. Learned counsel for the petitioner submits that, in view of
the change of law, the said RFA has been transferred to
the Senior Civil Judge. In the meanwhile, in the aforesaid
FDP proceedings, applications in I.A.Nos.33 and 34 came
to be filed by the respondents under Section 151 of CPC,

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seeking permission to break open the lock of the house
property bearing CTS No.4824 situated at Ayodhya Nagar
Belagavi for the purpose of enabling the Court
Commissioner to carry out the commissioner work in the
presence of the Commissioner of the Belagavi City
Corporation or any officer deputed by him. Another
application in I.A.No.34 was filed seeking a direction to
Police Inspector, Market Police Station, Belagavi, to
provide necessary police protection to enable the Court
Commissioner to carry out the commissioner work in
respect of the said property. The said applications have
been allowed by the impugned order.

4. Learned counsel for the petitioner, drawing attention of
this Court to the order sheet dated 07.07.2026 and
14.07.2026, submitted that no opportunity was provided
to the petitioner herein, inasmuch as the copies of said
applications were not served on the petitioner. He submits
that, since the copies of said application were not served,
that there was no occasion for the petitioner to file
objections or contest the said applications. The FDP Court,

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without considering the same, has allowed the said
applications. Hence, the petition.

5. Learned counsel for the petitioner fairly submits that
petitioner has no objection in FDP Court proceeding to
inspect the property. However, since there is an interim
order granted by this Court not to draw the final decree
proceedings, the same shall be adhered to by the trial
Court. He submits there was no need or necessity for
directing concerned Jurisdictional Police to break open the
lock, as the petitioner is ready and willing to cooperate
with the execution of the warrant issued to the Court
Commissioner. He submits that, if a direction is issued to
the trial Court to this aspect, the purpose of the petition is
served.

6. Heard and perused the records.

7. The preliminary decree drawn in O.S.No.34/2014 is the
subject matter of an appeal in RFA No.100096/2018
(which is now transferred to District Court). On
03.12.2018, this Court in RFA No.100096/2018 had passed
the following order:

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“Heard the learned counsel for the appellant and learned
counsel for the respondents.
I.A.No.1/2018 and I.A.No.2/2018 have been filed
seeking permission to file written statement and production
of additional documents respectively, I.A.No.1/2018 and
I.A.No.2/2018 will be considered along with main appeal.
Heard on I.A.No.3/2018.
The said application has been filed under Order XLI Rule
5 R/w Section 151 of C.P.C. The said application is
accompanied with the affidavit of the appellant.
By accepting the cause shown therein I.A.No.3/2018 is
allowed.
Drawing up of final decree proceedings alone is stayed.
Learned counsel for the appellant is directed to file paper
books.”


8. In other words, this Court has stayed drawing up of the
final decree proceedings alone, while the steps towards
drawing up the final proceedings can be undertaken by the
FDP Court. The grievance of the petitioner as noted above
is a direction issued by the FDP Court to the jurisdictional
police to break open the lock of the premises in which the
petitioner and his wife, who are aged above 70 years are
residing. There is substance in the submission being made
by the learned counsel for the petitioner that, if such order

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is implemented that would cause unwarranted and
unnecessary hardship and prejudice to the petitioner. In
the light of the submission made that the petitioner is
ready and willing to cooperate with the Court
Commissioner in executing the commission warrant.

9. In that view of the matter, petition is disposed of in the
following directions:
ORDER

(i) The trial Court shall not give effect to the order
passed in I.A.No.34 directing the jurisdictional
police to break open the door of the premises
occupied by the petitioner.

(ii) Learned counsel for the petitioner has submitted
that the petitioner would cooperate with the
execution of the commission warrant.

(iii) The trial Court shall ensure that the order
passed on I.A.No.33 alone be given effect to,
namely, the execution of the commission
warrant by inspecting the petition schedule
property.

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(iv) The petitioner shall render necessary
cooperation without causing any obstructions to
the Commissioner in carrying out the warrant.
With the above observations, the petition is
disposed of.

(v) Since no adverse orders are passed against the
respondents, issuance of notice to the
respondents is dispensed with.


Sd/-
(M.G.S. KAMAL)
JUDGE


RHR, CT:cmu
LIST NO.: 1 SL NO.: 17