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2004 Supreme(SC) 1547

ARIJIT PASAYAT, C.K.THAKKER
Cyril Lasrado (D) By Lrs. – Appellant
Versus
Juliana Maria Lasrado – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Judgment passed by a Division Bench of the Karnataka High Court affirming the order passed by a learned Single Judge is the subject matter of challenge in this appeal.

Factual aspects need to be noted in some detail.

3. The Land Tribunal, Mangalore, Taluk Mangalore (in short the Tribunal ) by order dated 19.10.1978 accepted the prayer of one Cyril Lasrado (applicant before it) wherein he had prayed for recording his name as occupant of the concerned land. The applicant was the predecessor-in-interest of the present appellants. By the said order, the Tribunal directed registration of Cyril Lasrado as the occupant of the land, mentioned in the order in terms of Section 48-A of the Karnataka Land Reforms Act, 1961 (in short the `Act ). Since certain reliefs which were prayed for had not been granted, Cyril Lasrado filed a Writ Petition No. 29259 of 1992 before the Karnataka High Court. Respondent who was the General Power of Attorney holder and the respondent No.2 filed an application to be impleaded in the writ petition which was rejected. Suit bearing No. OS. 499 of 1994 was filed by the appellants alleging encroachment by the respondents.
















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