MALLEDEVIRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed the present writ petition for issue of a writ of certiorari quashing the resolution dated 27.6.2012 as per Annexure-A passed by the 3rd respondent Village Panchayath and also the approval made by the 2nd respondent on 16.8.2012 as per Annexure-B.

(2.) It is the case of the petitioner that he is the absolute owner in possession of the property bearing Sy.No.20/2 of Kyathanabeedu village of Lakya Hobli, Chikmagalur Taluk, so also the property bearing Sy.No.20/3 of the same village. He filed a suit O.S.No.144/2012 on the file of the Civil Judge, Chikmagalur for the relief of permanent injunction restraining respondent Nos. 1,2 and 3 herein and also the Zilla Panchayath, Chikmagalur in respect of the said properties. On the application made by the petitioner under the provisions of Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908, the trial Court considering the materials on record, found that a prima facie case has been made out by the petitioner and his sons and hence, granted an interim order of injunction on 4.2012 in the said suit in favour of the petitioner.

(3.) The petitioner also filed one more suit O.S.No.214/2012 on the file of the Principal Civil Judge, Chikmagalur against one Sadashiva and Girish, who were creating problems by interfering with his right of way situated in the backyard belonging to the Panchayath and for the unlawful attempts made to restrain the usage by the petitioner over a period of time. In the said suit also, two applications I.As.1 and 2 under Order 39 Rules 1 and 2 of the Code of Civil Procedure came to be allowed as per the order dated 21.7.2012 and permanent injunction was granted. The President of the Trust 4th respondent herein in his individual capacity filed an application for impleading in the said proceedings which came to be rejected.