RAMKRISHNA TUKARAM JADHAV Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This intra-Court appeal is filed against the order dated 06.03.2018 made in W.P. No.63321/2010 passed by the learned Single Judge dismissing the writ petition with costs of Rs. 25,000/-.

(2.) The present appellant, who is the petitioner before the learned Single Judge filed the writ petition against the order dated 16.12009 made in RB/RTA No.237/2006-2007 passed by the Deputy Commissioner, Belgaum allowing the revision petition by setting aside the order passed by the Assistant Commissioner, Chikkodi, order dated 01.09.2006.

(3.) It is the case of the appellant that the property in question is his ancestral property. The fourth respondent got his name entered with respect to the schedule property under mutation entry on the basis of a sale deed dated 16.0199 The fourth respondent filed a suit for declaration and injunction in O.S. No.229/1997. The same came to be dismissed as withdrawn. The suit filed for permanent injunction against the fourth respondent in O.S. No.185/2003 came to be decreed. Against the said judgment and decree, the fourth respondent filed an appeal in R.A. No.92/2005 before the Senior Civil Judge, Chikodi and obtained the interim order of stay, staying the operation of the judgment and decree passed by the Trial Court, mere injunction in favour of the present appellant. Suppressing the said facts, the appellant approached the Assistant Commissioner on the basis of the decree made in O.S. No.185/200 The Assistant Commissioner vide order dated 01.09.2006 set aside the entry by allowing the appeal.