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2009 Supreme(Kar) 858

A.S.BOPANNA
JAYAMMA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates Appeared:
Sri v. Srinivas, Advocate for Petitioner;
Sri R. Omkumar, Additional Government Advocate for Respondents-1 to 3;
Sri P.N. Hegde, Advocate for Respnndent-4.

JUDGMENT

KARNATAKA LAND REVENUE ACT, 1964, Section 107Karnataka Land Revenue Rules, 1966, Rules 50, 51, 52 and 53 - Petitioner sought survey of land in view of dispute relating to extent of land - Tahsildar issued endorsement that survey cannot be conducted in view of pendency of suit in Court Aggrieved petitioner filed writ petition seeking mandamus to direct surveyor to survey land - Survey authorities contended that survey could not be conducted due to non-eo-operation of villagers and also pendency of law suit Held - Suit to which reference is made has nothing to do with surveyor in carrying out his legal obligation - Not taken any steps to carry out survey - Surveyor directed to carry out survey - Directed to issue notice to all parties -If any dispute arises, procedure contemplated in law shall be followed.

A.S. Bopanna, J., Held: A perusal of suit plaint would indicate that the petitioner is not a party to the said suit. The suit in question is an inter se partition suit between the family members. . . . . . The suit to which reference has been made in the endorsement impugned in the petition has nothing to do with the surveyor in carrying out his legal obligation. Therefore t











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