BASAVARAJ BASAVANNEPPA PATTAN Vs. GOVT. OF KARNATAKA

JUDGEMENT

(1.) Parties in all these appeals are identical and common questions of law and facts are involved in all these cases. Apart from this, the original suits bearing no. 133/95, 134/95, 135/95, 18/96, 19/96 and 20/96 which are the basis for all these second appeals have been disposed of by recording common evidence and through a common judgment. Hence all these appeals are taken up together for disposal.

(2.) Sri Basavaraj Basavanneppa Pattan is the appellant in all these cases. Appellant was the plaintiff in the suits mentioned above. The above suits came to be dismissed after contest vide common judgment dated 20.07.2001. Against the said common judgment and decree, regular appeals in R.A. Nos. 23/2001 to 28/2001 were preferred u/S 96 of CPC before the Court of Civil Judge (Sr. Dn.), Saundatti, sitting at Ramdurg respectively. All these appeals have been dismissed after contest. Hence the present appeals have been filed u/S 100 of CPC in R.S.A. Nos.533/2004 to 538/2004. Appellant in the present cases is the plaintiff in the said suits and respondents are the defendants in the said suits. Plaintiff is stated to be in lawful possession and enjoyment of the land in sy. No. 37 and 38 of K. Junipeth village, Ramdurg Taluka, Belgaum District. Originally these two lands belonged to defendant no. 3-Veeranagouda, the genetic father of the plaintiff. Plaintiff Basavaraj was given in adoption to one lady by name Parawwa by third defendant-Veeranagouda on 29.05.1967. These two schedule properties were sold by third defendant Veeranagouda in favour of Smt. Parawwa, the adoptive mother of Basavaraj through a registered sale deed dated 01.06.1977 for a total consideration of Rs.27,500/- and on the basis of the same her name was incorporated as khatadar by the revenue authorities in M.E. No. 387. The said Paravva was the mother-in-law of the third defendant.

(3.) Defendant no.3-Veeranagouda was working in Ramdurg Urban Co-operative Bank as an employee. On conducting audit of the account of the Society, it was found out that defendant no.3 had misused the funds of the said Society and therefore steps were taken to recover the misappropriated amount from the defendant no.3. Accordingly, cases were filed by the Administrator of the Society before the Assistant Registrar of Co-Operative Societies as per the provisions of Karnataka Co-Operative Societies Act, 1959 and as many as six awards were passed against the defendant no.3. The details of the awards and the connected suits, appeals and regular second appeals are mentioned below: <FRM>JUDGEMENT_336_AIRKARR3_2014_1.html</FRM>