SHIVAPPA Vs. IRANAGOUDA

JUDGEMENT

(1.) DEFENDANTS 6 to 11 in OS. No. 33/2012 on the file of Senior Civil Judge, Basavana Bagewadi, have come up in this writ petition impugning the common order dated 4.6.2014 passed on IA. Nos. 2, 15 and 16 in aforesaid original suit. Admittedly, the said suit is for the relief of partition and alleged separate possession of plaintiff in the suit schedule property.

(2.) THE facts which are not in dispute are that the land bearing Sy. No. 274 said to be measuring to an extent of 26 acres 21 guntas of Masoothi village, Basavana Bagewadi Taluk was the land granted jointly in favour of one Smt. Channawwa and another Sri. Yamanappa under a common order. In the said order of Land Tribunal it is made clear that the western half portion is the property of Smt. Channawwa and eastern half portion is the property of Sri. Yamanappa. Incidentally, both Sri. Yamanappa and Smt. Channawwa are not alive. It is their legal representatives, who are present before the trial Court. The plaintiff in the original suit is said to be the son of Smt. Channawwa, given in adoption to another family. Defendant Nos. 1 to 5 are the other children of Smt. Channawwa, who continued to be in her family till her death. So far as defendant Nos. 6 to 11 are concerned, they are the legal representatives of deceased Sri. Yamanappa. Further it is not in dispute that a portion of land bearing No. 274 is acquired by NTPC for its project. The land which is acquired by them fall in both portions i.e., eastern as well as western portion of land bearing Sy. No. 274. It is clearly understood between the parties that in the acquired land also they are entitled to compensation in equal share in respect of which both are loosing equal extent of land in question.

(3.) HEARD the learned Counsel for the petitioners as well as contesting respondents, namely plaintiff and defendant Nos. 1 to 5 in the court below. On going through the order impugned as well as material available on record, this Court is unable to understand the reason behind restriction put by the trial court in defendants 6 to 11 withdrawing 50% of the amount which is in deposit. Admittedly, the land bearing Sy. No. 274 was jointly granted in favour of Smt. Channawwa as well as Sri. Yamanappa. The shares of Smt. Channaww's family as well as Sri. Yamanappa's family is clearly defined as western half portion to Smt. Channawwa and eastern half portion to Sri. Yamanappa. It is also not in dispute that the acquiring body -NTPC while acquiring the land has acquired only a portion of land in Sy. No. 274, which was equally belonging to both the shares. Therefore, from out of the compensation which is deposited, defendants 6 to 11 have a clear and distinct share of 50% towards the loss of their land proportionately in the said acquisition.