AHMADPASHA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) In this writ petition, the petitioners are assailing the orders dtd. 26/9/2013 and 16/4/2015 passed by respondent No.1 (Annexure E & F) inter alia seeking for issuance of writ of mandamus to respondent No.1 to comply with the order passed by the Hon'ble Supreme Court, in SLP No.23878/2002 dtd. 25/11/2004.

(2.) The relevant facts for adjudication of this writ petition are that, respondent Nos.2 and 3 have filed O.S. No.698/1950, seeking the relief of partition and separate possession in respect of various lands including subject matter of the land in the present writ petition i.e., survey No.311/2B of Nej village, Chikkodi Taluk, Belagavi District. The suit came to be decreed in terms of the judgment and decree produced at Annexure-A. It is the case of the petitioners that, the Civil Court has passed the equitable relief in favour of the petitioners herein in view of the earlier decree passed in favour of the father of the petitioners in Special Civil Suit No.540/1947.

(3.) It is the grievance of the petitioners that, the Revenue Authorities have not complied with the preliminary decree and handed over the property in survey No.311/2B to the petitioners. It is stated in the writ petition that, the said land has been mortgaged in favour of respondents No.13 to 15 and petitioners are entitled for 3/10th and 2/5th share in survey No.311/2B. It is further contended that, the preliminary decree was challenged up to the stage of Hon'ble Supreme Court and the Hon'ble Supreme Court by its order dtd. 25/11/2004, disposed of the petition with a direction to the Revenue Authorities to consider the preliminary decree for consideration (Annexure-B). It is the grievance of the petitioners that, respondent No.1 without considering the judgment and decree passed in O.S.No.692/1950 and the Hon'ble Supreme Court in SLP (Civil) No.23878/2008, has passed the impugned order dtd. 26/9/2013 remanding the matter to respondent No.12 for fresh consideration. Thereafter the petitioners have filed Review Petition as per Annexure-E, which came to be dismissed on 16/4/2015. Feeling aggrieved by the same, the petitioners are before this Court.