Anthon S/O. Jockim Fernandis vs Chandrakant Chanabasappa Pujari
2022 Latest Caselaw 3228 Kant

               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

           DATED THIS THE 24TH DAY OF FEBRUARY 2022

                            BEFORE

       THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                 RSA.NO.100184/2014 (DEC/INJ)
BETWEEN

MR.ANTHON S/O. JOCKIM FERNANDIS
AGE: 51 YEARS,
OCC: AGRICULTURE and SERVICE
R/O. KADOLKAR GALLI, KHANAPUR,
DIST: BELGAUM
                                                ... APPELLANT

(BY SRI.RAVI S.BALIKAI, ADV.)

AND

      CHANDRAKANT CHANABASAPPA PUJARI
      SINCE DECEASED BY HIS LRS

1.    SMT.PREMA W/O. CHANDRAKANT PUJARI
      AGE: 51 YEARS, OCC: HOUSEHOLD WORK

2.    ANITA D/O. CHANDRAKANT PUJARI
      AGE: 28 YEARS, OCC: HOUSEHOLD WORK

3.    KALPANA D/O. CHANDRAKANT PUJARI
      AGE: 26 YEARS, OCC: HOUSEHOLD WORK

4.    SHIVANAND S/O. CHANDRAKANT PUJARI
      AGE: 32 YEARS, OCC: AGRICULTUER

5.    SAVITRI W/O. MOTIRAM CHOUGULE
      AGE: 74 YEARS, OCC: AGRICULTUER
                                  2




6.    SHIVAJI MOTIRAM CHOUGULE
      AGE: 49 YEARS, OCC: AGRICULTUER

      R1 TO R6 ARE ALL R/O. RUMEWADI,
      TQ: KHANAPUR DIST: BELGAUM

                                                       ... RESPONDENTS
(BY SRI.SANJAY S.KATAGERI, ADV. FOR R1 TO R6)

       THIS APPEAL IS FILED UNDER U/S.100 OF CPC 1908, AGAINST
THE    JUDGEMENT    &   DECREE        DTD:04.12.2013      PASSED    IN
R.A.NO.84/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE,
KHANAPUR,    DISMISSING   THE        APPEAL,   FILED    AGAINST    THE
JUDGMENT AND DECREE DTD:30.08.2001 AND THE DECREE PASSED
IN O.S. NO.40/1998 ON THE FILE OF THE ADDL. CIVIL JUDGE
(JR.DN) AND JMFC KHANAPUR, DISMISSING THE SUIT FILED FOR
DECLARATION AND INJUNCTION.


       THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:


                          JUDGMENT

Learned counsel for the appellant has filed application

in I.A.No.1/2022 seeking withdrawal of the suit with liberty

to file fresh suit for declaration of title based on registered

sale deed dated 31.01.1998.

2. However, this application is objected by the

counsel appearing for the respondents. He would submit to

this court that if subsequent suit is filed, the rights of

defendants cannot be affected. He further submitted that

he is entitled to raise plea of res judicata and also

limitation.

3. I find some force in the submission made by

learned counsel for the respondents. I.A.No.1/2022 is

allowed and the appellant is permitted to withdraw the suit

reserving liberty to file fresh suit for declaration of title

based on title deed. However, it is made clear that

respondents/defendants are entitled to raise all defences

that are available to them under law. All contentions are

left open.

4. Accordingly, the appeal is disposed of, in terms

of the application.

Sd/-

JUDGE MBS/-