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2022 Supreme(Kar) 1450

ALOK ARADHE, S. VISHWAJITH SHETTY
Chandravathi D/o Oovamma – Appellant
Versus
N. Subban Shiva Rao S/O Late N. Shiva – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri Vishwajith Rai M, Adv.
For the Respondent: Sri K.R. Subramanya Rao, Adv., Smt. Namitha Mahesh B.G., AGA

JUDGMENT :

Vishwajith Shetty J.

This intra court appeal is filed assailing the order dated 16.03.2021 passed by the learned Single Judge of this Court in W.P.No.33277/2012.

2. We have heard the learned counsel appearing for the parties and also perused the material available on record.

3. Facts leading to filing of this appeal briefly stated are, the mother of the appellant and her brother M.Nagesh namely respondent No.9 herein had filed two separate Form No.7 under the Karnataka Land Reforms Act, 1961 (for short "the Act, 1961") claiming occupancy rights of the lands mentioned therein. In Form No.7 filed by M.Nagesh, he had requested for granting occupancy rights in respect of land bearing survey No.108/1A while the mother of the appellant namely Smt. Oovamma had filed Form No.7 in respect of land bearing survey No.110/1, 108/1A, 110/6, 6/2C and 6/2A. Since the land bearing survey No.6/2C and 6/2A were situated in a different village, the claim in respect of said two items of land was transferred to another Tribunal while the claim in respect of other three items of the land which were situated in Kadri B Village was considered by the respondent/Tribunal and by order dated 14.10.1980,

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