Sri Tammanna vs Smt Sharada
2024 Latest Caselaw 22356 Kant

Karnataka High Court

Sri Tammanna vs Smt Sharada on 3 September, 2024

                                             -1-
                                                        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:
                                  -2-
                                                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.

NC: 2024:KHC-K:6630

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

CT:PK