KARANIKA NALLAPPA Vs. STATE

JUDGEMENT

(1.) THE petition coming on for Admission, is considered for final disposal, under the following circumstances.

(2.) THE learned Government Pleader on the other hand would submit that it is admitted that the petitioner, though there was a judgment and decree in respect of the land in question, the same has been challenged in appeal pending before this Court in RFA No. 568/2012 and hence, it is not concluded that the petitioner had established his title over the land. Since it is quite possible that even if the State has not filed its pleadings in the suit and has not effectively contested the suit, there is possibility, if the matter be remanded, then the State may be in position to prove that the petitioner was indeed not the owner of the land in question. This submission of the learned Government Pleader would only speculate that there may be a possibility of proving its case and the matter may be remanded.

(3.) GIVEN the above circumstances, the petitioner had made out a case for discharge. Consequently, the petition is allowed. The order of the court below in C.C. No. 1282/2011 dated 28.7.2012 is set aside. The petitioner stands discharged and the proceedings stand closed.