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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 15^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MS. JUSTICE JYOTI MULIMANI

R.S.A. NO.200043/2018

BETWEEN:

1. MOHD.KHALID

S/O HAJI RIYAZUDDIN

AGED ABOUT 55 YEARS

OCC: DRIVER & AGRI.

2 . SALIMUDDIN QHURESHI

S/O KHASIM ALI

AGED ABOUT 57 YEARS

OCC: KHASAB

BOTH ARE R/AT MANA EKHELLI

TQ: HUMNABAD, DIST: BIDAR

...APPELLANTS

(BY SRI. B. C. JAKA, ADVOCATE)

AND:

1 . THE PRESIDENT OF GRAM PANCHAYAT

MANNA EKHELLI, TQ: HUMNABAD

DIST: BIDAR

2 . THE PANCHAYAT DEVELOPMENT OFFICER

MANNA EKHELLI, TQ: HUMNABAD

DIST: BIDAR

…RESPONDENTS

(BY SMT. JYOTI JOSHI, ADVOCATE FOR

SRI. AMEET KUMAR DESHPANDE, ADVOCATE)

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THIS R.S.A. IS FILED UNDER SECTION 100 OF CIVIL

PROCEDURE CODE, CHALLENGING THE JUDGMENT AND

DECREE DATED 20.11.2017 PASSED BY THE SENIOR

CIVIL JUDGE & JMFC, HUMNABAD, IN R.A.NO.5/2015.

THIS R.S.A. COMING ON FOR ADMISSION, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Sri. B.C.Jaka, learned counsel for the appellants and

Smt. Jyoti Joshi, learned counsel for Sri Ameet Kumar

Deshpande, for the respondents have appeared in-person.

2.

This is an appeal from the Court of Senior Civil

Judge & JMFC, Humnabad, confirming the judgment and

decree of the Court of Prl. Civil Judge, Humnabad.

3.

Appeal is posted for admission after notice to

respondents.

4.

For the sake of convenience, the parties shall

be referred to in terms of their status and ranking before

the Trial Court.

The short facts are these. Plaintiff No.1 is the owner

and possessor of suit land bearing Sy.No.247 measuring

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5 guntas i.e., East-West 165 feet, North-South 33 feet

situated at Mannaekhalli village as shown in the sketch

map annexed to plaint. The suit schedule land was

granted in favor of the father of plaintiff No.1 by the

Tahsildar Humnabad. It is averred that the father of

plaintiff No.1 was in possession of the suit land as

absolute owner during his life time and after his death, the

suit land stand mutated in favor of the mother of plaintiff

No.1 who is also dead now.

Plaintiff No.1 pleaded that after the death of his

parents, he became the owner and possessor of the suit

property. He is running the hotel in the suit land since

more than two decades. Plaintiff No.1 stated that the

house of plaintiff No.1 consisting four rooms are also

situated in the suit land. The defendants having no right,

title or interest over the suit land illegally tried to interfere

his possession over the suit land and tried to erect the

board showing the name as “Rajiva Gandhi Seva Kendra”

towards western side of the suit land.

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He

also

pleaded

that

a

case

against

the

Administrator of Mannaekhalli Grama Panchayat on the file

Munsiff Humanabad in O.S.No.111/1985 and the same has

been decreed. In spite of several requests by plaintiffs,

defendants continued their illegal acts of interference.

Hence, the suit.

After issuance of summons, defendant No.1 did not

appear, he remained absent and hence he was placed ex

parte. The Panchayat Development Officer-defendant No.2

entered

appearance

and

filed

written

statement.

Defendant No.2 denied the averments made in the plaint.

It was stated that the suit open space shown in the

blue color in the plaint sketch map absolutely belongs to

the Government, as such, the Gram Panchayat is having

possession as owner. Defendant No.1 is constructing

“Rajiva Gandhi Seva Kendra" suit open space belonging to

Government.

Defendant No.2 pleaded that the father of plaintiff

No.1 was granted land measuring 05 guntas in Sy.No.247

bounded on the East by road leading to Veterinary

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Hospital,

West

by

Land

Sy.No.247

belonging

to

Government,

North

by

N.H.No.9,

South

by

land

Sy.No.247. It was contended that the Gram Panchayat at

Mannaekhalli has permitted parking of private vehicles in

open space in Sy.No.247 belonging to Government

situated towards wes