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1990 Supreme(Kar) 414

D.V.BHAT, K.A.SWAMI
STATE OF KARNATAKA – Appellant
Versus
MOHAMMED KUNHI – Respondent


Advocates:
K.R.D.KARANTH, T.N.MANJULA DEVI

K. A. SWAMI, J.

( 1 ) THE appeal is preferred againt the Judgment and Decree dated 21 - 2-1975 passed in O. S. No. 30/1975 by the Civil Judge, Coorg.

( 2 ) THE appellant is the defendant and the respondents are the plaintiffs.

( 3 ) THE suit was filed for a declaration that the suit schedule property i. e. , "all that redeemed coffee saguvali Mali bearing the survey Number 1/10 of 204. 42 acres in area situated in Kundacherri village, Bhagamandala Nadu, Mercara Taluk, Coorg District, karnataka State" is a Redeemed Estate and also for a direction to the defendant to pay the plaintiffs a sum of Rs. 3,57,777-81 with current interest thereon and costs.

( 4 ) THE Writ Petition is filed by the plaintiffs in the suit out of which the present Appeal arises. They have prayed for the folllowing reliefs:" (I) issue a Writ in the nature of Mandamus directing respondent 1 to intimate the 2nd respondent that the tenure of the land is "redeemed coffee saguvali malai" and therefore the petitioners are entitled to the grant of permission to cut and remove the trees for the purpose of bringing the land under coffee cultivation without insisting on the payment of timber value. (II) for a Writ in the

















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