RAGHUNATH; ARJUN; RAJENDRA; MALLAPPA; MAHADEV; KUBER; MALASARJI Vs. KARNATAKA LAW SOCIETY; GANAGAWWA; MALLAPPA; SHANTA; SUNITA AND OTHERS

JUDGEMENT

(1.) This is a defendants' Writ Petition against the order dated 02.07.2014 made in M.A. No.118/2013 on the file of I Addl. Senior Civil Judge, Belagavi, reversing the order dated 30.11.2013 on I.A. No.1 made in O.S. No.742/2013 on the file of the IV Addl. City Civil Judge and JMFC, Belagavi.

(2.) The 1s t respondent filed suit in O.S. No.742/2013 against the petitioners, who are the defendants, for permanent injunction in respect of the suit schedule property bearing R.S. No.121 measuring 11 acres 31 guntas more-fully described in the Schedule, contending that the Assistant Commissioner, Belagavi, has allotted the said land in favour of the plaintiff in pursuance of the acquisition made in the year 1998 and the plaintiff has deposited the entire acquisition amount on 19.08.1996 and possession was delivered to the plaintiff/Society on 09.03.1998 after drawing the Panchanama. Accordingly, the name of the Society came to be entered in the revenue records in respect of the property in question as lawful owner and since then, the plaintiff is in possession and enjoyment of the suit schedule property and the plaintiff is also paying revenue assessment, etc. It is further contended that after delivering of possession of the suit schedule property by the concerned authority, the plaintiff constructed a compound wall by spending huge amount and later, submitted an application on 26.03.2010 to the Gram Panchayat, Peeranawadi for construction of building and in pursuance of the permission granted on 10.05.2010, the plaintiff constructed RCC type building in a portion of the suit land as per the approved plan and after completion of the construction work, the Gram Panchayath, Peeranawadi issued a Completion Certificate on 23.05.2012, etc. and also contended that the defendants, have no manner of right, title and interest in respect of the suit schedule property, filed O.S. No.164/1993 for the relief of declaration against Sri.Sudhir S/o.Surendra Halagi and others, and the said suit came to be decreed on 29.10.2012 and against the said judgment and decree, the defendants therein filed R.A. No.79/2002, which came to be allowed and the plaintiff in the said suit filed R.A. No.83/2002, which came to be dismissed and the suit O.S. No.164/1993 came to be dismissed. Against the said judgment and decree, the plaintiff filed RSA No.1466/2006 and the said Regular Appeal also came to be dismissed on 25.01.2007. Inspite of the said judgment and decree, the present defendants filed another suit O.S. No.255/2007 before the Prl. Senior Civil Judge, Belagavi, for the relief of declaration and initially, the plaintiff was not impleaded and thereafter, he was impleaded as defendant No.5 and the said suit is still pending for consideration, etc.

(3.) The defendants filed written statement and denied the plaint averments and contended that the description of the properties shown in paragraph No.1 of the plaint is erroneous and not correct, and R.S. No.121 (original R.S. No.505) was subsequently divided into two parts and the property belonging to the defendants is bearing R.S. No.121/2 measuring 3 acres 27 guntas which is the subject matter in O.S. No.255/2007, etc. Hence, prays for dismissal of the suit.