SURESH NINGAPPA ARER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 7/2/2020 passed in O.S.No.277/2017 by the II Additional Civil Judge, Sirsi, whereby the memo filed on behalf of the respondent Nos.1 to 3/State seeking transfer of the said suit to the Special Court constituted under the Karnataka Land Grabbing Prohibition Act, 2011 (for short, 'the KLGP Act, 2011) was allowed by the Trial Court and directed the transfer of the said suit to the aforesaid Court.

(2.) Heard the learned counsel for the petitioner and the learned HCGP appearing for respondent Nos.1 to 3 and perused the material on record

(3.) The material on record indicates that the petitioner/plaintiff instituted the aforesaid suit for permanent injunction and other reliefs in relation to the suit schedule immoveable property. In the plaint, it is specifically pleaded that though the suit schedule properties is a Government land, the petitioner is in lawful and peaceful possession of the same. It is averred that the plaintiff is cultivating the said land and has also filed Form No.53 for grant of the said land and said application is pending consideration before the concerned authority. It was contended in the suit that despite the petitioner being in possession and enjoyment of the suit schedule property and his application for grant of the said land being pending before the concerned authority, respondents were attempting interfere with the petitioner's possession and enjoyment of the suit schedule property and as such, the petitioner instituted the aforesaid suit for permanent injunction and other reliefs against the respondents/defendants.