M ABDUL HAMEED @ HAMEED PALYA Vs. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are filed by the plaintiff against the order dated 16.12.2016 rejecting the application filed under Section 151 of Code of Civil Procedure to reopen the case for the evidence of the plaintiff to recall the PW-1 to exhibit the document on his behalf and application under Order VII, Rule 14(3) of the Code of Civil Procedure, for filing additional documents, made in O.S.No.129/2013 on the file of the Addl. Civil Judge and JMFC, Channagiri.

(2.) The petitioner herein filed suit for permanent injunction restraining the defendant from interfering with peaceful possession and enjoyment of the suit schedule property bearing katha No. 2165/612, old katha No. 338 measuring 10 x 10 yards i.e., 30 ft. x 30ft. which is a open space with a well, contending that the suit schedule property belonged to the great grandfather of the petitioner by name Mathada Murigeppa alias Mathada Murigaiah who executed a Will in favour of the father of the petitioner to look after the suit schedule property and after the death of the petitioner's father, petitioner is looking after the property and he is in possession and enjoyment of same etc.

(3.) The defendant filed written statement, denied the entire plaint averments contending that suit schedule property does not belongs to the plaintiff and no material document is produced to prove that he is the owner of the suit schedule property and the suit schedule property is Government panchayath property. The property was conveyed as mortgage deed on 03.05.1948 through SR No. 1279/47-48 from Siddalingaiah in favour of Shivanna which shows that towards western side of the property, the property belonging to Government is situated. Therefore plaintiff has no manner of right, title or interest in respect of the suit schedule property and further contended that the identity of the property is in dispute and therefore, sought for dismissal of the suit.