RENUKA PARASHURAM GURAV Vs. JUDE DE SOUZA

JUDGEMENT

(1.) This appeal is against the judgement and decree dtd. 31/10/2006 passed in RA no.172/2006 on the file of II Additional Civil Judge (Sr.Dn.), Belagavi at Khanapur (for short, 'First Appellate Court'), by which the First Appellate Court setting aside the judgement and decree dtd. 19/6/2006 passed in OS No.33/2006 on the file of Principal Civil Judge and JMFC, Khanapur (for short, 'Trial Court'), decreed the suit of the plaintiff for specific performance and directed the defendant to execute the sale deed in respect of the suit properties in favour of the plaintiff within three months.

(2.) The present appeal is filed upon permission granted by this Court by order dtd. 9/10/2007, by one Smt. Renuka Parashuram Gurav and others, who are not parties to the suit.

(3.) At the outset it is also necessary to note that the appellants herein are claiming their locus standi and interest in the matter on the premise that the suit lands are a tenanted lands governed under the Karnataka Land Reforms Act, 1961 (for short, 'the Act, 1961') and that they have filed application in Form No.7A under Sec. 77A of the Act, 1961 seeking grant of subject lands in their favour. That the Assistant Commissioner, Belagavi after enquiry by order dtd. 11/12/2002 had indeed granted the said lands in favour of the appellants which were however subject matter of a challenge in the appeal before the Karnataka Appellate Tribunal (for short, 'Tribunal'), in Appeal No.516/2003. Thereafter, filed a writ petition in WP No.5682/2006, which was allowed setting aside the grant by the Assistant Commissioner and the order passed by the Tribunal and the matter was remanded. That upon such remand, by order dtd. 1/10/2016 the Assistant Commissioner had rejected the application of the appellants herein filed under Form No.7A and that appeals were filed against the said order before the Tribunal in Appeal Nos.926, 927 and 928 of 2016. That by order dtd. 31/1/2018, the Tribunal has set aside the order of the Assistant Commissioner and has remanded the matter. As against which the matter was carried before this Court by filing writ petition in WP Nos.103219/2018 and 103774/2018 which were disposed off on 18/1/2023 confirming the order of the Tribunal in remanding the matter for fresh consideration.