Court : Karnataka Dharwad
Reported in : 2011ILR(Kar)760
Plaintiff is in appeal questioning the correctness and legality of the judgment and decree passed in R.A.No.45/2009 by the III Additional District Judge, Dharwad dated 31/08/2010. The parties are referred to as per their rank before the Trial Court. 2. Brief facts of the case leading to filing of this appeal are as under: Appellant instituted a suit in O.S.No.150/2008 on the file of III Additional Civil Judge (Sr.Dn.) Dharwad for the relief of declaration and consequential relief of perpetual injunction in respect of suit property. It was contended, in the suit that plaintiff has become absolute owner in possession of suit property on the strength of an unregistered sale deed executed by the father of the defendant namely late Sri. Anantappa Mahadevappa Mulagund on 05.09.1971 and when the plaintiff sought for change of his name in the revenue records pursuant to earlier representation which had not been done by the Tahsildar inspite of representation given, Tahasildar gave the endorsem...
Tag this Judgment!Court : Karnataka Dharwad
Abdul Nazeer, J. This appeal is directed against the judgment and decree in R.A.No.39/2002 dated 22.12.2009 on the file of the Fast Track Court-II, Dharwad, whereby the judgment and decree in O.S.No.80/1977 dated 25.9.2002 on the file of the Additional Civil Judge (Sr.Dn.) at Hubli has been set aside. The appellants were the defendants in the suit and the respondents were the plaintiffs. For the sake of convenience, the parties are referred to by their respective ranking before the Trial Court. 2. The plaintiffs filed the above suit for partition and separate possession of the suit schedule property. The genealogical tree of the family is as under: Neelappa Havalappa Boli (Dead)Ningappa (Dead) Basavanneppa &nb...
Tag this Judgment!Court : Karnataka Dharwad
Reported in : 2012(3)KCCR2395
(Prayer: This Regular Second Appeal is filed under Section 100 OF CPC, against the judgement and decree dated 30.06.2006 passed in RA.NO.30/2005 on the file of the Additional Civil Judge (SR. DN.), Bellary, allowing the appeal and setting aside the judgement and decree dated 18.01.2005 passed in OS.NO.562/2003 on the file of The III Additional Civil Judge (JR. DN.), Bellary.) 1. Second appeal by the first defendant in OS No.562 of 2003, on the file of the Additional Civil Judge (Jr Dn), Bellary, who, along with co-defendant - second defendant and mother of three plaintiffs in the suit - though was successful in defending the suit for declaration of title and consequential recovery of possession of the suit schedule property - an agricultural land measuring 2.79 acres comprised in Sy. No.179B of D Kaggal village, Bellary taluk, as the learned judge of the trial court dismissed the suit on the premise that the plaintiffs have failed to prove their title to the property as absolute owners...
Tag this Judgment!Court : Karnataka Dharwad
(This Regular Second Appeal is filed under section 100 of CPC, against the judgment and decree dated: 10.10.2000 passed in R.A.No.60/99, on the file of the Prl. Civil Judge, Sr.Dn. Belgaum, dismissing the appeal and confirming the judgment and decree dated 28.02.1997 passed in O.S.No.137/92 by the IV Addl. Munsiff, Belgaum.) Second appeal by the plaintiff in OS No.137 of 1992, on the file of Civil Judge (Jr.Dn), Belgaum, who sued for partition and a share in the two items of suit schedule properties – 1) a piece of agricultural land measuring 1 acre 7 guntas situated at Uchagaon village, Belgaum taluk and district and 2) a house property bearing VPC No.416/2, Maruti Galli, Uchagaon – the plaintiff claiming 1/4th share along with the first defendant father, second defendant mother and third defendant brother, the other members of the family, and defendants 4 to 7 being children/legal heirs of one Shankarrao Desai, in whose favour had been executed a sale deed in respect of t...
Tag this Judgment!Court : Karnataka Dharwad
Reported in : 2012(3)KantLJ295; 2012(2)KCCR1163
(Prayer: This Writ Petition is filed under Article 226 and 227 of the constitution of India, praying to quash the impugned orders passed by the Assistant Commissioner bearing No.KAM.Parabare:35/05-06 dated: 04/03//2009 (Annexure-F) and Deputy Commissioner order bearing No.SAM/KAM/Appeal/19/2009-10 dated: 26/04/2010 (Annexure-G).) 1. Purchasers of agricultural land granted to persons belonging to scheduled castes/tribes or depressed classes as were otherwise known prior to such persons being identified or classified as SC/ST under the provisions of Constitution of India, are a disgruntled and disillusioned lot and with the draconian provisions of The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act], loads the dice against such persons who only fight a losing battle before the authorities and tribunals and only possibility being to prolong the litigation as far as possible, so that the enjoyment of the purchased lan...
Tag this Judgment!Court : Karnataka Dharwad
Reported in : 2012(3)KCCR2140
(Prayer: This appeal is filed under Section 100 of CPC., against the judgment and decree dated 07.07.2010 passed in R.A.NO.46/2009 on the file of the Principal Senior Civil Judge and Cum, Dharwad, allowing the appeal, filed against the judgment dated 09/06/2009 and the decree passed in O.S.NO.748/2008 on the file of the PRL.) 1. This second appeal u/s 100 of the Code of Civil Procedure is by the plaintiffs in O.S.No.748/2008 on the file of the Prl. Civil Judge (Jr.Dn.) and Prl. JMFC, Dharwad, a suit, for bare injunction to restrain the defendants 1 and 2 from interfering or disturbing the possession and enjoyment of the suit property, a printing press located at CTS No.272/2/MF measuring 109.16 sq. mtrs. at Subhash Road, Dharwad, a commercial area and the building itself being a part of commercial complex but the land on which the structure stood being in the ownership of the plaintiffs. The suit was contested by the defendants by filing the written statement. It was contended that the...
Tag this Judgment!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...
Tag this Judgment!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...
Tag this Judgment!Court : Karnataka Dharwad
(Prayer: This Writ Petition is filed under Article 226 and 227 of the Constitution of India praying to call for the records and quash the impugned order dated 26/11/2010, vide Annexure-A, issued by the First Respondent and also by issuing appropriate directions.) N. Kumar, J., 1. When all these writ petitions were listed before a learned single Judge of this Court, after hearing the parties the learned single Judge has passed an order on 25/2/2011. The relevant portion of which reads as under: As it involves interpretation of Clause 3, 3A and 6 of the Sugarcane Control Orders 1966, in the background of the observations made by the Honourable Supreme Court in the case of UP Co-operative Cane Unions Federation versus West UP Sugar Mills Association and others reported in AIR 2004 SC 3697 (Supra) and the observation made in SLP (C) 8194 - 8198/2010 dated 29/3/2010 (Annexure-R13), I am of the considered view that the said issue regarding interpretation of clause 3, 3A and 6 of the Sugar Co...
Tag this Judgment!Court : Karnataka Dharwad
(Prayer: This CRP is filed under Section 115 of CPC., against the Order dated 05.08.2011 passed in OS No.37/2010 on the file of the III Additional Senior Civil Judge, Hubli dismissing the I.A.No.III filed under Section 8 of Arbitration and conciliation Act 1996 etc.) 1. Revision under Section 115 of C.P.C. is by the applicant whose application under Section 8 of the Arbitration and Conciliation Act, 1996 (herein after referred to as the Arbitration Act) has been rejected by the impugned Order in O.S. No.37/2010. 2. Revision is posted for admission after notice to the respondents. The respondent Nos.2 to 7 have entered caveat. 3. Heard regarding admission. The factual matrix to which the learned counsel have adverted to, and manifest from the records, reveals: a) The 1st respondent in this revision Gulabchand, a person of unsound mind, represented by the next friend and guardian-Nilesh, filed suit in O.S.No.37/2010 seeking decree: a) for partition and separation possession of his 1/5th ...
Tag this Judgment!