Karnataka High Court
Sri Tammanna vs Smt Sharada on 3 September, 2024
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NC: 2024:KHC-K:6630
RSA No. 200272 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR SECOND APPEAL NO. 200272 OF 2021
(DEC/INJ)
BETWEEN:
SRI TAMMANNA S/O YALAGURDAPPA HADAPAD,
AGED ABOUT 61 YEARS, OCC: AGRIL,
R/O. TAKKE, TQ. AND DIST. VIJAYAPURA-586101
...APPELLANT
(BY SRI AJAYKUMAR ASHOKKUMAR, ADVOCATE FOR
SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)
AND:
Digitally signed SMT SHARADA W/O SHIVAPUTRAPPA PATIL,
by RENUKA AGED 51 YEARS, OCC: HOUSEHOLD WORK,
Location: HIGH R/O TAKKE TQ AND DIST.VIJAYAPURA-586101
COURT OF
KARNATAKA
...RESPONDENT
THIS RSA IS FILED UNDER SECTION 100 OF CPC
PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AN DECREE DATED 30.09.2020 PASSED BY I
ADDITIONAL SENIOR CIVIL JUDGE, VIJAYAPUR IN
RA.NO.49/2019 AND THE JUDGMENT AND DECREE DATED
2.4.2019 PASSED BY THE III ADDITIONAL CIVIL JUDGE,
VIJAYAPURA O.S.NO.237/2015.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-K:6630
RSA No. 200272 of 2021
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This appeal is filed challenging the judgment and decree in a suit for declaration and injunction. The plaintiff claims title and possession of the property on the premise that the suit property granted to the plaintiff by the land Tribunal.
2. The defendant has questioned the order of the land Tribunal by filing a writ petition. The writ petition is allowed and the order of the Land Tribunal is set aside and the matter is remitted to the Land Tribunal for adjudication in accordance with law.
3. The matter is still pending consideration before the Land Tribunal. Noticing the fact that the grant in favour of the plaintiff is set aside, the suit is dismissed and the said judgment and decree are confirmed by the First Appellate Court.
4. Admittedly, the plaintiff's claim for grant of occupancy is pending before the Land Tribunal. The right of the plaintiff is to be decided by the Tribunal. -3-
NC: 2024:KHC-K:6630 RSA No. 200272 of 2021
5. Under these circumstances, without expressing anything on the merits of the plaintiff's claim, the appeal is dismissed.
6. However, it is made clear that in case the plaintiff succeeds before the Land Tribunal the occupancy right is granted and in case there is obstruction by the defendant the plaintiff is at liberty to institute a fresh suit.
7. In such event the findings recorded by the Trial Court as well as the First Appellate Court which are impugned in this judgment shall not come in the way of the Trial Court deciding the fresh suit on its merits.
8. Pending applications does not survive for consideration.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE KBM List No.: 1 Sl No.: 32 CT:PK