Karnataka Dharwad Court April 2011 Judgments

Dr. D.K. Seethalakshmi, Vs. the Director Karnataka Institute of Medica ...

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR75(SN)

(Prayer: This writ petition is filed under article 226 and 227 of the constitution of India, praying to quash the orders passed by the 6th respondent dated 7.11.2008 vide Annexure-E retrospectively absorbing 4th the respondent to the cadre of assistant professor by the 2nd respondent and order dated 30.03.2010 vide Annexure-F, Order dated 23.07.2010 vide Annexure-O order dated 28.02.2006 vide Annexure-L. retrospectively redesignating the 5th respondent as assistant professor and etc.) 1. Misc. W. 60176 of 2010 for amendment filed in WP No.63874 of 2010 to include the additional pleadings along with annexures and for the additional prayer, allowed, recording the submission of Sri. A.C. Purad, learned counsel for the fourth respondent who submits that he has no objection for allowing this application, but requests for some more time to get ready to prepare the main case and to further submit on the merits of the matter. 2. The application for amendment even otherwise deserves to the allo...

AmeeruddIn S/O Maktum HussaIn Kodakaeri Vs. Hussainsab S/O Imamsab Hak ...

Court: Karnataka Dharwad

(This Appeal is filed u/s 100 of C.P.C. against the judgment and decree dated 25.10.2005 passed in R.A.No.151/2004 on the file of the Prl. Civil Judge (Sr.Dn) Bagalkot, dismissing the appeal and confirming the judgment and decree dated 08.10.2004 passed in OS.No.130/1994 on the file of the civil judge (JR.DN) Hungund.) 1. This is a plaintiff’s second appeal, who, sued for a mandatory injunction for removal of some structure in the form of a bathroom and latrine constructed by a neighbour-defendant, for declaration that the plaintiff is the owner of the subject land and for further consequential injunction. Suit dismissed by the trial Court and affirmed in appeal by the lower appellate Court. 2. Immovable properties have the knack of getting compatible with persons who start enjoying it. A true owner, if abandons the property allowed to be occupied by all and sundry and wakes up like a Rip van winkle long after, and starts howling that his property has been occupied by some strang...

Basamma and Others Vs. Devamma and Another

Court: Karnataka Dharwad

D.V. SHYLENDRA KUMAR, J.: 1. This appeal is by the plaintiff in OS No.397 of 1997-a suit on the file of the Court of the II Addl. Civil Judge (Jr.Dn.,] at Bellary, for specific performance of agreement dated 3.4.1991 said to have been executed by the original defendants, one by name Siddappa-first defendant and his wife Siddamma-second defendant in favour of original plaintiff by name B. Chennanagouda, son of Karibasavanagouda. As the original plaintiff and original defendants are all dead and gone, the case has remained either by coming on record of the legal heirs of the plaintiff or bringing on record the legal heirs of the original defendants. 2. Plaintiff’s case was that defendants 1 and 2-Siddappa and Siddamma respectively had during their lifetime executed an agreement dated 3.4.1991 agreeing to sell their property, rickyard measuring East to West-12 yards and North to South-24 yards, identified as Sy.No.546B or 546A/2 in the Village of Somasamudara, Bellary District, bou...

Mahadevappa and Others Vs. Chikkappa Shivappa Kali and Others

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR1897

(Prayer: This Regular Second Appeal is filed under Section 100 OF CPC. Against the judgement and decree dated:07/12/2009 passed in R.A.NO.60/1985 on the file of the Additional Civil Judge (SR. DN.) GADAG, Sitting At Judgment Dated: 07/11/1985 and the decree passed in O.S.NO.28/1980 ON THE FILE OF THE MUNSIFF AND JMFC., LAXMESHWARA, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMATION OF CONTRACT OR FOR REFUND OF EARNEST MONEY.) 1. This second appeal by the plaintiff in OS No.28 of 1980 - a suit for specific performance of agreement dated 7.6.1975 purporting to convey agricultural property measuring 13 acres 20 guntas in R.S. No.57/1 situated at Devihal Village, for total consideration of Rs.3,600/- and a sum of Rs.2,000/- had been paid at the time of agreement and balance Rs.1,600/- to be paid later, impleading the owner of the land as first defendant and subsequent purchaser of the very property as per the sale deed dated 3.7.1980 - Exhibit. D1 as second defendant and suing ...