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2004 Supreme(SC) 410

DORAISWAMY RAJU, ARIJIT PASAYAT
P. Varadarajulu – Appellant
Versus
Agricultural Produce Market Committee – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. A small matter which could have been sorted out at the trial court level has unnecessarily been dragged through the corridors of several courts. The challenge in the present appeal is to the order passed by a learned Single Judge of the Karnataka High Court which has been disposed of under Section 115 of the Code of Civil Procedure 1908 (in short the CPC ). The respondent is an Agricultural Produce Market Committee (hereinafter referred to as the Market Committee ). The appellant had filed a suit seeking direction for renewal of the licence in his favour and allotment of the vacant site. The same was the subject matter of dispute in OS No. 1015 of 1987 in the file of the Additional City Civil Judge, Bangalore. Decree passed in the said case reads as follows:

"It is ordered and decreed that the defendant is directed to allot a vacant site in between site No. 10-C and 11/2 situated at 2nd main of AMPC Yard to the plaintiff.

It is further decreed that the defendant is directed to renew the licence in favour of the plaintiff to carry on business.

It is further decreed that the defendant is further directed that if any building or maliges are c











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