NARAYAN MUKUND SHET Vs. NARAYAN NAGESH SHETTY

JUDGEMENT

(1.) The plaintiffs sued defendants 1 to 3 for permanent injunction restraining them from interfering with their possession of three items of properties namely Survey No. 40/1, Survey No. 40/2 and Survey No. 40/3 of Kattinahakkal village of Ankola taluk of Uttar Kannada District. While plaintiff-1 claims to be in possession of Survey Nos. 40/1 and 40/3 by virtue of a grant, plaintiff-2 claims to be in possession of Surveny No. 40/2, though unauthorisedly that being the Government waste land. However, defendant-1, the present first respondent, filed O.S.83 of 1967 for permanent injunction against them in respect of the same properties and obtained temporary injunction against them on 20-5-1967. This was challenged in a miscellaneous appeal and ultimately the miscellaneous appeal came to be dismissed.

(2.) Thereafter defendant-1 initiated proceedings under Section 145 of the Code of Criminal Procedure by applying to the Sub-Divisional Magistrate having jurisdiction alleging interference of the plaintiffs and asserting that he was in actual possession of the lands. Thereafter the Sub-Divisional Magistrate attached the properties and passed a preliminary Order appointing a receiver under Section 146(1) of the Code of Criminal Procedure on 8-12-1970. The final order came to be passed on 31-5-71 confirming the preliminary order. In the mean-while, in Criminal Revision Petition 356 of 1971, the plaintiffs challenged the preliminary order passed by the Sub-Divisional Magistrate and the entire order came to be quashed by this Court on 29-11-1971 holding that already Civil Suit had been filed in respect of the same properties on 31-5-1971. This suit for injunction came to be filed by the plaintiffs on 29-3-1971.

(3.) After the final order was passed, possession was delivered to defendant-1 by the Receiver on 3-6-1971. These are the facts borne out by the records.