LAWS(KAR)-2015-9-99

R. PRAKASH AND ORS. Vs. STATE AND ORS.

Decided On September 22, 2015
R. Prakash And Ors. Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) SINCE the parties in both petitions are the same and the allegations are identical, both the cases are taken together for disposal. The second respondent though served is unrepresented.

(2.) HEARD Sri. Nitin R., learned Counsel appearing for the petitioners and the learned High Court Government Pleader for the State.

(3.) LEARNED Counsel appearing for the petitioners submits, the crux of the matter is in respect of the ownership/possession of the property in site No. 36 cited in both the complaints. In this regard, the petitioners filed a suit for permanent injunction in O.S. No. 7073/2010 and subsequently the complainant also filed a suit for permanent injunction in O.S. No. 2331/2011 and both suits were disposed of together vide judgment dated 7th August 2015. The suit filed by the complainant is dismissed and the suit filed by the accused persons is decreed. The complainant has given the colour of crime to a civil dispute, which is not permissible in law, and the complaints are liable to be quashed.