PRINCIPAL KENDRIYA VIDYALAYA (CENTRAL SCHOOL) ARASIKERE ROAD B. KATIHALLI VILLAGE HASSAN 573201 Vs. ANUSUYAMMA W/O LATE H SHIVASHANKAR DEAD BY LRS 1(N S NANDAKUMARA, S/O LATE ANUSUYAMMA, AND LATE SHIVASHANKAR

JUDGEMENT

(1.) THIS Regular Second Appeal is filed under Section 100 of CPC against the judgement and decree dated 14.2.2006 passed in R.A. No. 41/04 on the file of the Presiding Officer, Fast Track Court - III, Hassan, dismissing the appeal and confirming the judgement and decree dated 12.8.1997 passed in O.S. No. 599/92 on the file of the Prl. Munsiff and (sic)MFC -II), Hassan. I have heard the learned counsel for the appellant.

(2.) LEARNED counsel for the appellant submits as under: One acre of land granted to Anusuyamma was cancelled by the Assistant Commissioner. One acre of land was acquired by the Karnataka State Financial Corporation in auction sale. He further submits that the property in question does not exists. He further submits that in view of the non existence of the property this court may dispose of the appeal.

(3.) THE ordinary rule is that the rights of parties must be determined as on the date of action not on the basis of right which accrued to them after institution of the suit. By reason of subsequent change of circumstances the relief claimed become inappropriate or that it is necessary to have the decision of the Court on the altered circumstances in order to shorten litigation or to do complete justice between the parties the Court may depart from the general rule and mould the relief on the basis of the altered circumstances.