MEGHASHYAM BHAT Vs. SEETHARAMJOIS

JUDGEMENT

(1.) HEARD Mr. Kulkarni, learned Counsel appearing for the petitioner and Sri Sudarshana Reddy, appearing for the respondent.

(2.) THE impugned order in the above revision petition is the one passed on LA. II by the Munsiff, Sringeri in O. S. No. 167 of 1995 under sections 132 and 133 of the Karnataka Land Reforms Act, staying the proceedings till the disposal of LRMCR No. 1256/75-76 pending before the Land Tribunal, Sringeri.

(3.) THE suit in O. S. No. 191 of 1994 is one for injunction restraining the defendant from interfering with the possession of the plaintiff in respect of 1 acre 1 gunta of agricultural land in Sy. No. 91 of Masige village, Sringeri Taluk. It is claimed that the plaintiff is the owner of the property and got it under a partition dated 27-12-1974. After the partition, the plaintiff filed Form No. 7 before the Land Tribunal for grant of occupancy right. On 14-5-1987 in LRF No. 1256/75-76 the plaintiff has been granted occupancy right. After such grant, the name of the plaintiff was entered in Form No. 12 and also in the RTC extract. The respondent appears to have filed a writ petition in W. P. No. 29197 of 1994. An order of status quo was passed on 6-10-1994 by this Court. It appears on 12-10-1994 there was an attempt of trespass by the son-in-law and a complaint was filed before the Sringeri Police Station by the plaintiff which was registered as Crime No. 80 of 1994. The interim order of status was not, however, extended by this Court. When again on 4-11-1994 an attempt to trespass was made, it was resisted by the plaintiff and to avoid any other attempt, the suit came to be filed for injunction. However, it was claimed in the suit by the defendant that he is in possession and he had filed an application in Form No. 7 for grant of occupancy right in his favour on 3-9-1974 and the same is pending disposal before the Land Tribunal at Sringeri. Therefore, the issue of tenancy was pending before the competent authority and the Civil Court has no jurisdiction to decide the suit in view of Sections 132 and 133 of the Karnataka Land Reforms Act. However, the Trial Court granted the injunction and stayed the suit till the disposal of the proceedings before the Tribunal. It is this order that is being challenged before this Court in the above revision petition.