M. RAVIPRAKASH Vs. ANSAR AHAMAD

JUDGEMENT

(1.) This petition is filed impugning the order dated 02.06.2016 in M.A.No.68/2013 on the file of the I Additional Senior Civil Judge and CJM, Shivamogga (for short 'the appellant Court') and the order dated 7.8.2013 on I.A.XIII to XV in OS No.459/2000 on the file of the Principal Civil Judge and JMFC, Shivamogga (for short 'the Civil Court').

(2.) The Civil Court, which had disposed of the suit in O.S.No.459/2000 as having abated by order dated 31.1.2012, has rejected the petitioners' applications [I.A.XIII to XV] for condonation of delay in filing the application for setting aside abatement, for setting aside of the abatement and to come on record as the legal representatives by the impugned order dated 07.08.2013. The petitioners, who are the sons of the original plaintiff, Sri C.Malleshappa, have filed the appeal in M.A.No.68/2013 impugning the order dated 07.08.2013, and the appellate Court has dismissed this appeal by the other impugned order dated 02.06.2016. As such, the petitioners have preferred this petition.

(3.) Sri C.Malleshappa filed the suit in O.S.No.459/2000 for permanent injunction in respect of the immovable property measuring 1 acre 3 guntas in Sy.No.64/2 of Millaghatta, Kasaba Hobli, Shivamogga Taluk (described as being within the limits of Shimoga City as of the date of the suit). The civil Court partially decreed the suit by its judgment and decree dated 7.12.2005 restraining the respondent from interfering with Sri C. Malleshappa's possession of the subject property including a common passage measuring 4 [four] feet wide. Sri C.Malleshappa carried this judgment in appeal in R.A. 15/2006 because the decree did not extend to a passage identified separately in a rough sketch as 'ABCD'. Sri C.Malleshappa was unsuccessful in this first appeal as the appeal was dismissed by judgment dated 27.2.2007. As such he carried the judgments of the civil Court and the first appellate court in second appeal before this Court in RSA No.2181/2007. This Court by order dated 13.1.2011 restored the suit in O.S.No.459/2000 for expedited decision with a direction to the civil Court to appoint a Commissioner for purposes of local inspection and to obtain a report with appropriate subsequent opportunities to both Sri C.Malleshappa and the respondent.