ANNEPPA SHARANAPPA HALKAI Vs. BABU RAO SHARANAPPA HALKAI

JUDGEMENT

(1.) These revisions by the third party-Anneppa, are directed against the common order dated 4-6-1987, passed by the First Additional Munsiff, Gulbarga, in Execution case Nos.31, 31, 33 and 34 of 1987, over-ruling the objections of the third party-revision petitioner in these cases.

(2.) The respondent-1-Babu Rao, filed eviction cases in HRC Nos.28, 29, 31 and 32 of 1982 against respondent-2 judgment debtor in all these executions. The present revision petitioner filed an application in the said H.R.C. cases under Order 1 Rule 10 to implead him alleging that he was the owner and landlord of the property and that the present respondent-1 was not at all the landlord or owner of the property. The tenants in the H.R.C. cases supported the contention raised by the revision petitioner. The Court dismiss the applications filed by the revision petitioner. Thereafter the present revision petitioner filed a suit in Original Suit No. 61/1985 seeking declaration of his title against the present respondent-1 and the tenants contending that the property involved in each of the said H.R.C. cases had been purchased by him in the name of rcspondent-1. He filed an application for temporary injunction under Order 39 Rules 1 and 2 C.P.C. The trial Court granted an injunction by its order dated 6.2.1986. Respondent-1, being aggrieved by the said grant of the temporary injunction in Original Suit No. 61/1981, approached this Court in MFA. No.295/1986. The said M.F.A. was allowed on 13-3-1986. Thereafter the present revision petitioner withdrew Original Suit No.61/1985.

(3.) Thereafter a final order was passed in the said H.R.C. case holding that there was relationship of landlord and tenant between the respondent-1 and respondent-2. Ultimately, in all these revisions, the order of eviction was passed.