ANANDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 1. A preliminary decree for partition and separate possession of an undivided estate assessed to the payment of revenue payable to the Government was passed in O.S. 326/1962 by the Munsiff Court, Bagalkot. This preliminary decree was sent to the Deputy Commissioner under Section 54 of the CPC. for effecting partition in terms of the decree. The Assistant Commissioner, Bagalkot effected the partition by the order dated 22-5-1986 in No. BPD CR 85/86 (Annexure-A).

(2.) Being aggrieved by the order of the Assistant Commissioner the petitioner and respondents 8 and 9 preferred an appeal No. 707/86 before the Karnataka Appellate Tribunal, Bangalore (hereinafter referred to as the Tribunal).

(3.) Sri Ramachandra Rao, learned counsel appearing for the petitioner contends that the Tribunal is not right in holding that the appeal was not maintainable because the power exercised by the Assistant Commissioner was that of the Deputy Commissioner as provided under Section 54 of the CPC. in as much as he did it as a Gazetted Assistant to the Deputy Commissioner therefore the appeal could not lie to the Deputy Commissioner. Hence the appeal preferred before the Tribunal was not maintainable.