VENKAPPA RAMAPPA NAGANUR Vs. MOHAMMAD BUDAN; D V VADIGER; MARIYAPPA S/O MALLAPPA DONI; FAKIRAPPA S/O RAJAPPA ABBIGERI

JUDGEMENT

(1.) Appellant is calling in question the Judgment and Order of Acquittal dated 1.10.2014 in C.C.No.206/2006 passed by the I Addl. Civil Judge & JMFC., Gadag.

(2.) Briefly stated the facts of the case are, there existed a dispute with regard to the property bearing Grama Panchayat No.325/3B, RS No.49A/3 between the appellant herein and son of respondent. It appears the name of the first respondent's son (Zakeer Husen) was entered into Grama Panchayath records in respect of the said property some time prior to 1999. The first respondent in his capacity as a GPA holder of his son filed a suit in O.S.No.65/1996 on the file of III Addl. Civil Judge, Gadag, which came to be dismissed vide Judgment and Decree dated 27.2.1999. The said Judgment and Decree was carried in appeal in R.A.No.63/1999 on the file of the Civil Judge (Sr.Dn.) Gadag. During the pendency of the said appeal, the appellant filed an application before the Grama Panchayath to register his name in respect of the aforementioned properties. Pursuant to a resolution dated 20.12.1999, his name was entered. Being aggrieved, the first respondent presented an appeal before the Executive Officer, Gadag Taluka Panchayath Committee, Gadag on 23.9.2003 in Appeal No.7/2003- 2004. The appellant filed his objections on 28.4.2004.

(3.) Heard Sri S.G. Kadadakatti, learned Counsel for the appellant and Sri V.P. Kulkarni, learned Counsel for the respondents.