ANANTAPPA KALLAPPA JARAKHANI Vs. ANNAPURNAVVA

JUDGEMENT

(1.) THE petitioner being aggrieved by the impugned order dated 22nd June 2006 passed in Miscellaneous Case No. 85/2003 on the file of the Principal Civil Judge (Senior Division) at Hubli, allowing the petition filed under Section 152 CPC, filled by respondents 1 to 4 herein, has presented the instant revision petition.

(2.) THE grievance of the petitioner in the instant revision petition is that, petitioner and respondent No. 7 herein had earlier filed the claim petitions in LAC No. 69/1987 and LAC. No. 97/1987 respectively. The reference Court, after taking into consideration all the relevant factors and after appreciation of oral and documentary evidence, has enhanced the compensation by allowing both the claim petitions. Assailing the correctness of the judgment and award passed by the Reference Court, the State through the Special Land Acquisition Officer and the Assistant commissioner, Dharwad and the beneficiary, the Secretary, APMC, amrgol, Hubli have filed M. F. A. Nos. 3947/1995, 1001 and 1004 of 1995 and other appeals. The said judgment and award passed by the Reference court has been modified by this Court by fixing the market value at the rate of Rs. 3,250/- per gunta. Further, the case of the petitioner is that, the award passed by the Reference Court was in favour of the petitioner and the respondent No. 7 in LAC No. 69/1987 and LAC No. 97/1987 and the said judgment has not been challenged by respondents 1 to 4 and therefore, the said judgment has reached finality and has become final. Be that as it may.

(3.) THE respondents 1 to 4 have filed the application for amendment of the judgment and award under Section 152 of the Code of Civil Procedure. The Trial Court by its order dated 22nd June 2006 has allowed the said application and further ordered for amendment of the judgment and award. It is the case of petitioner that, the said order passed by the Trial Court is one without jurisdiction and the same is liable to be set aside. Therefore, being aggrieved by the said order, ordering amendment of the Judgment dated 13th January 1995 passed in LAC No. 69/1987 passed in common judgment and award passed in LAC 'no. 45/1987 comprising of 102 cases, petitioner felt necessitated to present the instant revision petition.