9911796707
TMI Blog2024 (1) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... . Accordingly, there are no merit in the appeal and same is hereby disposed of without interfering with the impugned order passed by the learned Single Judge. Appeal disposed off. - HON'BLE MR JUSTICE S.R. KRISHNA KUMAR AND HON'BLE MR JUSTICE G BASAVARAJA For the Appellants (By Sri Shivaprabhu Hiremath, Aga) For the Respondent (By Sri Sandeep Huilgol, Advocate Caveator/Respondent) JUDGMENT KRISHNA KUMAR J., This intra Court appeal by the Revenue is directed against the impugned order dated 08.08.2023 passed in Writ Petition No. 104425/2023 (T-RES) by the learned Single Judge, whereby the learned Single Judge granted interim relief in favour of respondent herein. 2. Heard learned AGA for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) In the light of the order passed by this Court, the memo filed by the authority seeking permission to conduct auction is rejected. 4. While coming to the aforesaid conclusion, the learned Single Judge took into account that the seized goods are arecanut, which were perishable in nature and though the order of confiscation was passed on 09.01.2023, even after lapse of 08 months 03 days, no arrangement was made in this regard, which would not only be detrimental to the respondent, but also to the appellants. The learned Single Judge also noticed that filing of an appeal, merely operates as a stay and recovery does not come in the way of appellants proceeding with the auction. Under these circumstances, the learned Single Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be said to suffer from any illegality or infirmity warranting interference by this Court in the present appeal. Accordingly, we do not find any merit in the appeal and same is hereby disposed of without interfering with the impugned order passed by the learned Single Judge. 6. However, it is made clear that all rival contentions between the parties in the writ petition are kept open and no opinion is expressed on the same. Further, the respondent shall furnish security of the aforesaid immoveable property before appellant No.3, within a period of two weeks from today. 7. It is further directed that immediately upon respondent furnishing security of immoveable property before the appellant No.*1 as stated supra, the appellants shall r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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