KALLAPPA YASHWANTRAO PATIL Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) PLAINTIFFS are before this Court challenging the concurrent findings of the Court of Second Addl. Civil Judge (Jr. Dn.), Belgaum passed in O.S. No. 1065/1992 and affirmed in R.A. No. 159/2004 by the learned 4th Addl. District Judge, Belgaum. Respondents are the defendants in the said suit.

(2.) SUIT had been filed for the relief of mandatory injunction to demolish the compound wall put up in the suit schedule property. Land bearing re -sy. No. 77/1 measuring 2 acres 32 guntas of Angol village, measuring 2.33 acres. It was a vacant land. There was also open land belonging to the Government. Plaintiffs had purchased the same land under a bonafide belief that it measures 2 -33 acres. Later on plaintiffs applied to the A.D.L.R. Belgaum for proper measurement and to fix boundaries. The A.D.L.R. issued notices to the defendants and defendants never appeared before him. The defendants have constructed compound wall in the year 1988 around the water tank constructed by them. According to the plaintiffs, defendants have encroached upon the land belonging to the plaintiffs to an extent of 107'6" East -West and North South 230' totally measures 2477.7 sq.ft. After constructing the tank and compound wall the first defendant is stated to have handed over the same to the second defendant Corporation. According to the plaintiffs, land in question where the construction and compound have been put up, have not been acquired in accordance with law and therefore defendants are liable to vacate and hand over vacant possession of the entire area by demolishing the construction.

(3.) FIRST defendant was placed exparte and second defendant alone had filed detailed written statement stating that suit was not maintainable for non issuance of notice u/S 482 of K.M.C. Act and that the very suit is not maintainable and that more particularly for mandatory injunction without seeking the relief of declaration of title. According to defendant no. 3, plaintiffs have kept quiet for about six years and therefore they have acquiesced their right. Hence prayed for dismissal of the suit. On the basis of the above pleadings, the following issues came to be framed: