MANORAMA PANDURANG PATIL Vs. APPAYYA THAKKAPPA KALKHAMBKAR

JUDGEMENT

(1.) This matter has come up before us on a reference made by Venkataramiah J, by his order dt .8th May 1974 which reads as follows :

(2.) OS. 369 of 1973 filed by respondent 1 in the Court of the Munsiff at Belgaum was allocated by the Principal Munsiff to the III Addl Munsiff. Sri A.A.Hulageri who was the III Addl Munsiff granted an ad interim injunction order in favour of the plaintiff. The 1st defendant filed her objections and prayed for vacating the exparte interim order. Thereafter Sri A.A.Hulageri was transferred as II Addl Munsiff of the same Court by the order of the High Court d|. 17-1-1974. The High Court directed the Dist Judge of Bedgaum to make in-charge arrangements till a successor takes charge of the post of the III Addl Munsiff of the Court of the Munsiff at Belgaum. Accordingly the Dist Judge directed Sri A.A.Hulageri, II Addl Munsiff, Belgaum, to be incharge of the post of III Addl Munsiff, Belgaum, also. It is thereafter that Sri A.A.Hulageri took up for consideration IA.-I and the objections filed against the exparte interim order of injunction. After hearing both the parties, he made the ad interim order of injunction absolute in respect of land S.No,657(4) to the extent of 7 acres and 30 guntas and vacated the same in respect of lands R.S. No,658(5) and R.S.No.657(4) excluding 7 acres and 30 guntas. This order was made by Sri A.A.Hulageri on 8th April 1974 as " II Addl Munsiff, Belgaum, I/c III Additional Munsiff, Belgaum". Against that order, the plaintiff preferred an appeal to the Court of the Civil Judge at Belgaum. The Principal Civil Judge of Belgaum by his order made in M.A. 25 of 1974 dt .20th April 1974 allowed the appeal, set asid,e the ordor made by Sri A.A.Hulageri on 8-4-1974 and remitted the case to the Court of first instance with a direction to dispose of I.A.I -expeditiously. He made it clear "that if no Officer is posted as III Addl Munsiff, Belgaum, then the parties are at liberty to move the Dist Judge, Belgaum, to transfer the case to any of the Munsiffs working at Belgaum. It is this order of the Civil Judge that is Challenged by the 1st defirndant in this revision petition.

(3.) The learned Civil Judge has set aside the order of Sri A.A.Hulageri solely on the ground that he, as the in-charge III Addl Munsiff, had no jurisdiction to pass any orders in OS.369 of 1973 which was on the file of the III Addl Munsiff Belgaum.He has held that by virtue, of the order made by the Dist Judge, under S.26 of the Karnataka Civil Courts Act, 1964 (hereinafter reforrered to as 'the Act'), Sri A.A.Hulageri, II Addl Munsiff, Belgaum, could only perform such duties of the III Addl Munsiff, Belgaum, as are speicified in S.25 of the Act. For this conclusion. he, has relied upon the judgment of Jagannatha Shetty; J,, in Sakharam Ramachandra v. Allisaheb Hasansahab, CRP. 1430/69 dt.4-12-1970.. See. 25 of the Act provides thus: