Sri.a.Devappa vs the Tahasildar

Sri.a.Devappa vs The Tahasildar

Type Court Judgment Court Karnataka Decided Jun 30, 2025

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https://sooperkanoon.com/case/1666924

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Citation: sooperkanoon.com/1666924
Court: Karnataka High Court
Judge: E.S.Indiresh
Decided On: Jun 30, 2025
Case Number: WP/44708/2017

Parties & Advocates

Appellant / Petitioner

Sri.a.Devappa

Respondent

The Tahasildar

Excerpt

.....praying to quash the order passed by the assistant commissioner, mysore sub-division, mysore in rrt(a)44/2012-13 dated 06.01.2014 vide annexure-a and the impugned order of the deputy commissioner, mysore district passed in revision petition no.26/2014-15, 28.02.2017 vide annexure-b. this petition is coming on for preliminary hearing on b-group, this day, order was made therein as under: coram: hon'ble mr justice e.s.indireshoral orderin this writ petition, the petitioner is assailing the orderdated 06.01.2014 in rrt.(a).no.44/2012-13 at annexure-a and order dated 28.02.2017 in revision petition no.26/2014-15 at annexure-b.2. having taken note of the submission made by thelearned counsel appearing for the parties and the findings recorded by the respondent-authorities at annexures-a and b would indicate that, respondent no.3 has passed an order to await the judgment and decree in o.s.no.348/2008 pending -3- consideration before the i additional civil judge (sr.dn.), mysuru.3. it is submitted by the learned counsel appearing for the parties that the trial court has dismissed the suit byjudgment and decree dated 24.10.2016 in o.s.no.348/2008and the same was challenged in r.a.no.916/2016 on the file of the iii additional district judge, mysuru. the first appellate court by judgment and decree dated 08.12.2017, dismissed the appeal.4. in that view of the matter, it is imperative on therespondent no.1 to implement the judgment and decree dated 08.12.2017 in r.a.no.916/2017 passed by the iii additional district judge, mysuru, and the judgment and decree dated 24.10.2016 in o.s.no.348/2008 passed by the i additional civil judge (sr.dn.), mysuru, in accordance with law. with these observations, the writ petition is dismissed. sd/- (e.s.indiresh) judge av list no.: 1 sl no.: 54

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 44708 OF 2017 (KLR-RR/SUR) BETWEEN: SRI A.DEVAPPA, …PETITIONER (BY SRI P.PRITHVI KIRAN SETTY, ADVOCATE) AND:
1. THE TAHASILDAR, MYSORE TALUK, MYSORE DISTRICT-570 005.
Digitally signed 2.    THE ASST. COMMISSIONER
by ANUSHA V            MYSORE SUB DIVISION
Location: High         MYSORE DISTRICT-570 005.
Court of Karnataka
3. THE DEPUTY COMMISSIONER, MYSORE DISTRICT-570 001.
4. A. JAVARAPPA,
SINCE DEAD REP BY HIS LRS, SRI RAJU, S/O LATE A. JAVARAPPA, AGED ABOUT 33 YEARS, -2- …RESPONDENTS (BY SRI MANJUNATH K., HCGP FOR R1 TO R3; SRI BHARGAVA D. BHAT, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE ASSISTANT COMMISSIONER, MYSORE SUB-DIVISION, MYSORE IN RRT(A)44/2012-13 DATED 06.01.2014 VIDE ANNEXURE-A AND THE IMPUGNED ORDER OF THE DEPUTY COMMISSIONER, MYSORE DISTRICT PASSED IN REVISION PETITION NO.26/2014-15, 28.02.2017 VIDE ANNEXURE-B. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING ON B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH

ORAL ORDER

In this writ petition, the petitioner is assailing the order

dated 06.01.2014 in RRT.(A).No.44/2012-13 at Annexure-A and order dated 28.02.2017 in Revision Petition No.26/2014-15 at Annexure-B.

2. Having taken note of the submission made by the

learned counsel appearing for the parties and the findings recorded by the respondent-authorities at Annexures-A and B would indicate that, respondent No.3 has passed an order to await the judgment and decree in O.S.No.348/2008 pending -3- consideration before the I Additional Civil Judge (Sr.Dn.), Mysuru.

3. It is submitted by the learned counsel appearing for the parties that the Trial Court has dismissed the suit by

judgment and decree dated 24.10.2016 in O.S.No.348/2008

and the same was challenged in R.A.No.916/2016 on the file of the III Additional District Judge, Mysuru. The First Appellate Court by judgment and decree dated 08.12.2017, dismissed the appeal.

4. In that view of the matter, it is imperative on the

respondent No.1 to implement the judgment and decree dated 08.12.2017 in R.A.No.916/2017 passed by the III Additional District Judge, Mysuru, and the judgment and decree dated 24.10.2016 in O.S.No.348/2008 passed by the I Additional Civil Judge (Sr.Dn.), Mysuru, in accordance with law. With these observations, the writ petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE AV List No.: 1 Sl No.: 54

Same Court & Year Karnataka · 2025 Same Parties Sri.a.Devappa vs The Tahasildar Same Judge E.S.Indiresh