GIRIYAPPA GOWDA Vs. GRAMA PANCHAYATH, KABAKA

JUDGEMENT

(1.) PETITIONER is the plaintiff in OS No. 52/2010 on the file of the Principal Civil Judge [Jr. Dn], Puttur, DK. Being aggrieved by the order dated 6.12.2010 made on I.A. No. 3 allowing the application filed under Order 1 Rule 10 C.P.C., the petitioner has filed this writ petition.

(2.) PETITIONER filed the suit seeking for permanent injunction restraining the defendant and its men, officials or servants from trespassing into suit 'C' schedule property and forming or repairing any road or causing damage to 'C' schedule property in any manner and also for other reliefs. In the suit, it was contended that plaintiff is absolute owner of property bearing Sy. No. 131/4 of Kabaka village. The property bearing Sy. No. 132/3, which is adjacent to the property of the plaintiff, is a government land. Petitioner is using the said land as kumki land to warga land. Hence, he is entitled to enjoy the said land and grow manure in the land for the purpose of better cultivation of agricultural land. However, 1st respondent/Grama Panchayat wanted to form a road and interfered with the enjoyment of plaintiff without extinguishing the kumki right. In view of that, he filed the suit with the above prayer.

(3.) THE Trial Court after considering the matter in detail allowed I.A. No. 3 and permitted the applicants to come on record as defendants No. 2 to 4 in the suit. Being aggrieved by the said order, the petitioner has filed this writ petition.