Allowed

K.T.Muinivenkata Reddy v. State by Its

Karnataka HC1 Mar 2023WP/36194/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the writ petition challenging an attachment before judgment order passed against the petitioners. The court quashed the attachment order, holding that the petitioner's interest in the property arose prior to the dispute and respondent proceedings.

What did the court decide?

OS. 1. Writ Petition allowed. 2. Attachment order dated 7.4.2016 quashed. 3. R3 and R4 directed to comply with Section 44(3).

K.T.Muinivenkata Reddy Vs State by Its — Karnataka HC (2023) — LawSathi Research

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1 - WP No. 36194 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 36194 OF 2016 (CS-RES)

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BETWEEN:

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K.T. MUNIVENKATA REDDY

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S/O THIPPA REDDY AGED ABOUT 45 YEARS R/AT KATTI BISANAHALLI VILLAGE YALDUR HOBLI, SRINIVASAPURA TALUK KOLAR DISTRICT-5631

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GOVINDAPPA S/O LATE THIMMARAYAPPA AGED ABOUT 43 YEARS R/ AT A. UPPARAHALLI VILLAGE MASTI HOBLI, MALUR TALUK KOLAR DISTRICT-563130

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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S. SRIHARI S/O B.SHESHACHAR AGED ABOUT 40 YEARS R/AT NO.761, 25^TH CROSS 53 MAIN ROAD, KUMARASWAMY LAYOUT BENGALURU-560078

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N. VEDANTHAKUMAR S/O NARASIMHAMURTHY AGED ABOUT 39 YEARS R/AT MUDUVATHI VILLAGE & POST VAKKALERI HOBLI, KOLAR TALUK KOLAR DISTRICT

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SMT. K. HAMSHAVENI W/O M.K. NAGARAJ AGED ABOUT 42 YEARS R/AT MUDUVATHI VILLAGE & POST VAKKALERI HOBLI, KOLAR TALUK KOLAR DISTRICT

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WP No. 36194 of 2016

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SMT. CHINNAMMA W/O CHANDRAPPA AGED ABOUT 44 YEARS R/AT NO.87, MARATHAHALLI ASHWATHNAGARA NEAR MARIKAMBHA TEMPLE 4^TH MAIN ROAD, BENGALURU

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SRI. KRISHNAPPA S/O LATE SONNAPPA AGED ABOUT 60 YEARS R/AT KURUGAL, VEMAGAL HOBLI KOLAR TALUK, KOLAR DISTRICT

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SMT. B.M. UMADEVI W/O MANJUNATHA PRAKASH AGED ABOUT 50 YEARS R/AT MARUTHI EXTENSION ARALERI ROAD, MALUR OWN MALUR-563130

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D.K. VIJAYAKUMAR S/O KADIRAPPA AGED ABOUT 38 YEARS R/AT DODDADENAHALLI VILLAGE JADIGENAHALLI HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT

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SMT. SUJATHA. A W/O RAMAKRISHNAPPA AGED ABOUT 34 YEARS R/AT JANANI LAYOUT HARALERI ROAD, MALUR TOWN-563130 KOLAR DISTRICT

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SMT. J. SAVITHA W/O D.KUMAR AGED ABOUT 34 YEARS R/AT ADARSH NAGAR MALUR TOWN, MALUR TALUK 563130

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S. SREE RANGA RAJU S/O LATE SUNDER RAJU AGED ABOUT 41 YEARS R/AT MARUTHI EXTENSION HARALERI ROAD, NEAR TOWN CLUB

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WP No. 36194 of 2016

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MALUR TOWN MALUR TALUK 563130

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SAMEENA W/O SALIM.S.M AGED ABOUT 31 YEARS R/AT OLD KEB COLONY MALUR TOWN, MALUR TALUK-563130

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K. MURALI S/O A. KESHAVA REDDY AGED ABOUT 30 YEARS R/AT ADARSHA NAGARA MALUR TOWN, MALUR TALUK 563130

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R. CHANDRASHEKAR S/O LATE N. RUDRAPPA AGED ABOUT 69 YEARS R/AT GOVINDARAJA SHETTY BUILDING MARUTHI EXTENSION, MALUR TOWN MALUR TALUK-563130

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SMT. V. VENKATALAKSHMI W/O SAMPANGIRAMAIAH AGED ABOUT 43 YEARS R/AT CHAMPAKADAM SWAMY NILAYA OLD DHONDAVALA ROAD C P EXTENSION, MALUR TOWN MALUR TALUK-563130

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R. SNEHA PADMA W/O S. CHETHAN AGED ABOUT 29 YEARS R/AT 3^RD MAIN ROAD NEHRU EXTENSION MALUR TOWN, MALUR-563130

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SMT. C.N. BHAGYAMMA W/O K.MANJUNATHA AGED ABOUT 34 YEARS R/AT MADIVALA VILLAGE KASABA HOBLI, MALUR TALUK MALUR-563130

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SMT. S. VEDAVATHI W/O MAHESHKUMAR AGED ABOUT 26 YEARS

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WP No. 36194 of 2016

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R/AT JHANAN LAYOUT MALUR TOWN, MALUR 563130

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ASHOK S/O ERANNA AGED ABOUT 30 YEARS R/AT PANDITHANA AGAHARA VILLAGE SARJAPURA HOBLI, ANEKA TALUK BENGALURU URBAN DISTRICT

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B. SREEKANTH S/O BADRASHETTY AGED ABOUT 33 YEARS R/AT SRI DHARMARAYA TEMPLE ROAD MALUR TOWN, MALUR-563130

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SMT. RATHNA W/O B.N. RAVIKUMAR AGED ABOUT 36 YEARS MALUR TOWN, MALUR-563130

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SMT. K. MAMATHA W/O H C SREENATH AGED ABOUT 31 YEARS R/AT HAROHALLI VILLAGE MASTHI HOBLI, MALUR TALUK-563130

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SMT. M. PUSHPA W/O C.D. DHAMODHARAN AGED ABOUT 33 YEARS R/AT JHANANI LAYOUT MALUR TOWN, MALUR-563130

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J.K. RANGANATHA S/O LATE M. KRISHNAPPA AGED ABOUT 50 YEARS R/AT JAYMANGALA VILLAGE LAKKUR HOBLI, MALUR TALUK MALUR-563130

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CHINNAMMA W/O S. MUNIRAJU AGED ABOUT 42 YEARS R/AT BEHIND TIRUMALA KALYANA MANRAPPA RAJENDRA BADAVANE, MALUR TOWN MALUR-563130

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WP No. 36194 of 2016

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M.C. MAHESH S/O R. CHANDASHEKAR AGED ABOUT 39 YEARS R/AT LAKSHMI NILAYA BESIDE STEEL MUNNA HOUSE MARUTHI BADAVANE MALUR TOWN-563130

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A.P. SUBRAMANI S/O PERUMALAPPA AGED ABOUT 50 YEARS R/AT ARALERI VILLAGE KASABA HOBLI MALUR TALUK-563130 KOLAR DISTRICT

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SMT. ANITHA W/O P. MUNIYAPPA AGED ABOUT 35 YEARS R/AT ARALERI VILLAGE KASABA HOBLI MALUR TALUK-563130 KOLAR DISTRICT

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P. PADMAVATHI W/O L.V. GOPALAKRISHNA AGED ABOUT 60 YEARS R/AT NO.100/26, 20^TH MAIN 19^TH CROSS, STAR MUNISWAMY LAYOUT J P NAGAR, 5^TH STAGE BENGALURU-560078

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GANESH B.S. REDDY S/O C.R. BALASUNDARA REDDY AGED ABOUT 35 YEARS R/AT NO.27, 2^ND CROSS SWATHANTHRA NAGAR K R PURAM, BENGALURU-560036

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RAJENDRA GOWDA S/O GOPALAPPA AGED ABOUT 31 YEARS R/AT LAKKUR VILLAGE & HOBLI MALURTALUK 563130 KOLAR DISTRICT

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WP No. 36194 of 2016

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R. KRISHNAMURTHY S/O RAMASWAMY AGED ABOUT 46 YEARS R/AT NO.21, 2^ND CROSS KADIRAPPA ROAD, COX TOWN BENGALURU-560005

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…PETITIONERS

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(BY SRI. Y.R. SADASHIVA REDDY, SENIOR ADVOCATE FOR SRI. G.A. ANTHONY CRUZE, ADVOCATE)

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AND:

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STATE BY ITS THE DEPUTY COMMISSIONER/ DISTRICT MAGISTRATE KOLAR DISTRICT KOLAR-563103

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THE MEMBER SECRETARY MALUR PLANNING AUTHORITY MALUR-563130 KOLAR DISTRICT

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1, ALI ASKAR ROAD BENGALURU-560052

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SEVEN HILLS MULTIPURPOSE SOUHARDA CO OPERATIVE LTD., NO.385/1, MARUTHI EXTENSION MALUR TOWN, MALUR-563130 REP. BY SHRI. Y. KUMAR SPECIAL OFFICER U/S 38 OF THE KARNATAKA SOUHARDA SAHAKARI AXCT, 1997 S/O YOGESHAPPA AGED ABOUT 40 YEARS

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SHRI. Y. KUMAR DEPUTY GENERAL MANAGER KARNATAKA STATE SOUHARDHA JOINT CO OPERATIVE LTD DR. RAJKUMAR ROAD 1^ST BLOCK, RAJAJINAGAR BENGALURU-560010

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WP No. 36194 of 2016

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THE SECRETARY SEVEN HILLS MULTIPURPOSE SOUHARDA CO OPERATIVE LTD., NO.385/1, MARUTHI EXTENSION MALUR TOWN, MALUR-563130

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GIDDAPPA NARAYANAPPA S/O GIDDAPPA AGED ABOUT 45 YEARS EX-PRESIDENT SEVEN HILLS MULTIPURPOSE SOUHARDA CO OPERATIVE LTD., R/AT NO.385/A MARUTHI EXTENSION MALUR TOWN, MALUR-563130

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…RESPONDENTS

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(BY SMT. RASHMI PATEL, HCGP FOR R1 AND R3; SMT. P.C. SUNITHA, ADVOCATE FOR R2; R5-SERVED;R4, R6, R7-V/O DATED 20.2.2017 SERVICE OF NOTICE IS HELD SUFFICIENT)

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THIS WRIT PETITION IS FILED UNER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE R-3 PERTAINING TO THE SOUHARDA DISPUTE RAISED BY R-4 IN DISPUTE AND ALSO THE RELEVANT APPLICATION FILED U/S 44 OF THE KARNATAKA SOUHARDA SAHAKARI ACT 1997 ON THE FILE OF R-3 AND ETC.

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THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for the following reliefs:

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i. CALL FOR relevant records pending on the file of the Respondent No.3 pertaining to the Souharda Dispute raised by respondent No.4 in Dispute bearing DIS.No.:RCS/D-4/DIS/Souhard/1033/2015-16 and also the relevant application filed u/s 44 of the Karnataka Souharda Sahakari Act 1997 on the file of respondent No.3.

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ii. ISSUE AN ORDER, or direction in the nature of writ or certiorari by quashing the physical possession order

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WP No. 36194 of 2016

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of attachment before judgement (ABJ) passed by Respondent No.3 by his order dated 07.04.2016 in Dispute bearing DIS.No.:RCS/D4/DIS/Souhard/1033/2015-16 vide at Annexure‘M’.

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iii. Issue an order, or direction directing the Respondent No. 4 not to take any precipitated action in pursuant to the order of attachment before judgment passed by Respondent No.3 in dispute DIS.No.:RCS/D4/DIS/Souhard/1033/2015-16 at Annexure-M1 till the finalization of this batch of writ petitions.

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iv. Issue any other direction order or writ as deemed just n the circumstances and the probabilities of the case and the same may kindly be considered in the interest and equity.

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The petitioners claim to be purchasers of various sites formed out of Sy.No.182/1 and Sy.No.182/2 situated in Malur Town, KasabaHobli, Kolar District. The said lands had been purchased by one G.Narayanapparespondent No.7 by various sale deeds, the first of which was executed on 30.10.2010 and thereafter he applied for and obtained conversion of the said land from agricultural to non-agricultural residential purposes on 17.5.2011 which was granted by the respondent No.1-The Deputy Commissioner, Kolar. Subsequent thereto, a layout plan was also sanctioned by respondent No.2 on 25.8.2011 which is

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WP No. 36194 of 2016

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also stated to have been issued in the name of G.Narayanappa. Thereafter, he sold the said properties to the petitioners in the year 2013, despite the sales having occurred in the year 2017 and the properties standing in the names of the petitioners, respondent No.3 vide impugned order dated 7.4.2016

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at Annexure-M has attached the properties in Sy.No.182/1 and Sy.No.182/2 which includes the properties of the petitioners without verification of the title of the petitioner on the ground that G.Narayanappa being a former director of Seven Hills Vividoddesha Souharda Co-Operative Ltd., had embezzled funds of the said society.

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Sri.Y. Sadashiva reddy., learned senior counsel submitted that the interest of the petitioner in the property having been created prior to the impugned order dated 7.4.2016 and even prior to the petition having been filed in 1033/15-16 the petitioner having purchased the properties in the year 2013, sub section 3 of section 44 of the Karnataka Souharda

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WP No. 36194 of 2016

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Sahakari Act, 1997 will be applicable and as such no attachment can be effected or be made as regards the properties in which the other persons who had interest prior to the dispute to a parties in a proceedings. Sub-section 3 of Section 44 of theKarnataka Souharda Sahakari Act, 1997 reads as

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under:

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“(3) Attachment made under this section shall not affect the rights, subsisting prior to the attachment of the property, of persons, not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under attachment in execution of such decree”.

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On the above basis he submits that the interest of the petitioners in the said lands cannot be attached, since the same has been sold to them prior to the dispute which has arisen.

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On enquiry learned counsel for the respondent No.2 submits that there is indeed a plan sanctioned which was issued in the name of G. Narayanappa in terms of Annexure-F and not in the name of Seven Hills Vividoddesha Souharda Co-Operative Ltd., In view of

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WP No. 36194 of 2016

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the said submission and taking into consideration the

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documents which are on record there being no document in the name of Seven Hills Vividoddesha Souharda Co-Operative Ltd., indicating the said society to be the owner of the said lands. The land having been purchased by G. Narayanappa in the year 2010, conversion obtained in the year 2011, layout plan also sanctioned in the year 2011 and sale have being effected in the year 2013 before the registration of proceedings, I am of the considered opinion that the Sub-section 3 of Section 44 would come to the rescue of the petitioner and the order which is passed by the respondent No.2 could not have been so passed without verification thereof. Hence, I pass the following;

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ORDER

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i. Writ petition is allowed.

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ii. The order of attachment passed by the respondent No.3 dated 7.4.2016 in Dispute

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WP No. 36194 of 2016

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bearing DIS.No.:RCS/D-4/DIS/Souhard/1033/

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2015-16 at Annexure-M is hereby quashed.

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iii. Respondents No.3 and 4 are directed to comply with the requirements of Sub-Section 3 of Section 44 in respect of any action to be taken.

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Sd/JUDGE

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List No.: 1 Sl No.: 46

K.T.Muinivenkata Reddy v. State by Its

Case brief

What is this about?

What did the court decide?

K.T.Muinivenkata Reddy v. State by Its

Case brief

What is this about?

What did the court decide?

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