LAWS(KAR)-2024-11-17

N. RAJGOPAL HEBBAR Vs. PADMAVATHI

Decided On November 29, 2024
N. Rajgopal Hebbar Appellant
V/S
PADMAVATHI Respondents

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned counsel for the respondents in all the appeals.

(2.) These three appeals are filed against the judgment and award passed in A.S.No.9/2014, A.S.No.10/2014 and A.S.No.13/2015 on the file of I Addl. District Judge, Dakshina Kannada, Mangalore wherein modified the award passed by the Arbitrator and appellants are same in all these three appeals and respondents are different and similar judgments are passed in all the matters on the same ground and hence taken up together for consideration.

(3.) In M.F.A.No.5460/2016, the case of the claimant before the Arbitrator is that there was an agreement to sell standing timber between Sri.M.Ananda and respondents in this appeal are the legal representatives of M.Ananda and common claimant is Sri.Rajagopala Hebbar and application was given on 2/4/1986 for cutting permit and report of range officer was given on 6/12/1998 and rejecting the application to fell the trees was passed on 25/3/1991, the same was challenged in W.P.No.746-755/1996 allowing the writ petition holding that there is a deemed provision to cut and remove the timber vide order dtd. 16/3/1999, the same was questioned before the writ appellate Court in W.A.No.384-393/2000 and appeals filed by the State are dismissed.