DURGAPPA Vs. A.K. MALLAPPA

JUDGEMENT

(1.) THIS is a regular appeal filed under Section 96 of CPC by the plaintiffs of an original suit bearing O.S. No. 92/2003 which was pending on the file of the Court of I Addl. Civil Judge (Sr. Dn.), at Shimoga.

(2.) SUIT filed for the reliefs of declaration of title and permanent injunction has been dismissed after contest vide judgment dated 13.01.2010. The property in respect of which suit had been brought before the Trial Court measures 12 acres 6 guntas in Sy. No. 62 of. Haramaghatta Village, Shimoga Taluk of Shimoga District. A portion of the land in the suit schedule property has been alienated by the sale deeds dated 20.03.1968, 21.07.1969 and 13.03.1975 respectively by the first defendant. One of the main reliefs sought is to the effect that the sale deeds so effected are null and void and do not bind them. Further relief has been sought that the revenue entries effected vide P.D.A. No. 80/2001 -02 is not in accordance with law and for the consequential mandatory injunction directing the second defendant to collect the award amount which was illegally disbursed in favour of defendants 1 to 4 and for the consequential relief of permanent injunction to restrain defendants 1 to 4 from interfering with their peaceful possession of the schedule property.

(3.) PLAINTIFFS are class -I heirs of deceased Hanuma @ Hanumanthappa, and second plaintiff is stated to be managing the entire affairs of the joint family and hence, he has been looking after the schedule property. Second plaintiff is stated to have come to know about the land acquisition proceedings when a channel was being dug in the schedule property for Upper Tunga Project. Plaintiffs were under the impression that the land acquisition authorities would issue notices to them. However, no notices were given to them and defendants 1 to 3 some how got the award amount to the seventh defendant by misrepresenting the facts. Since the seventh defendant did not make any proper enquiries before disbursing the award amount, they had to file a writ petition in W.P. No. 46161/2002 with a direction to the seventh defendant to recover the amount of Rs. 2,11,113/ - from the first defendant and for a reference of the dispute under Section 30 to the jurisdictional Reference Court.