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NC: 2023:KHC-K:5109

RSA No. 200168 of 2022

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 10^TH DAY OF JULY, 2023

BEFORE

THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

REGULAR SECOND APPEAL NO. 200168 OF 2022 (POS-)

BETWEEN:

LAXMIBAI W/O RAJKUMAR

AGED ABOUT 55 YEARS,

OCCUPATION: HOUSEHOLD

AND ANGANWADI TEACHER,

RESIDENCE OF H.NO.6-7-687

NAVADGERI BIDAR.

HUDCO COLONY, BIDAR-585401.

C/O MADNA PUNDLIKRAO

…APPELLANT

(BY SRI K. M. GHATE, & SRI NAMDEV B.S., ADVOCATES)

AND:

CHETANA W/O SHIVAKUMAR PUJAR,

AGED ABOUT 56 YEARS,

OCCUPATION: SERVICE AND

HOUSEHOLD, RESIDENT OF

HOUSE NO.7-29, MAILOOR ROAD,

BIDAR-585401.

…RESPONDENT

THIS RSA IS FILED U/S. 100 OF THE CPC, PRAYING TO SET

ASIDE THE JUDGMENT AND DECREE IN RA NO.28/2012 ON THE FILE

OF PRINCIPAL SENIOR CIVIL JUDGE & CJM, BIDAR DATED

07.01.2022 AND CONSEQUENTLY THE JUDGMENT AND DECREE

PASSED BY THE TRIAL COURT IN O.S.NO.173/2010 ON THE FILE OF

1^ST ADDL. CIVIL JUDGE JMFC, BIDAR DATED 13.012.2012 MAY

KINDLY BE SET ASIDE AND DISMISS THE SUIT OF THE PLAINTIFF

RESPONDENT IN ENTIRETY WITH COST.

Digitally signed by

RAMESH

MATHAPATI

Location: HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC-K:5109

RSA No. 200168 of 2022

THIS APPEAL, COMING ON FOR ADMISSION, THE COURT

DELIVERED THE FOLLOWING:

1 JUDGMENT

1.

Chetana filed a suit for declaration that she was the

owner of the suit property bearing Mandala Panchayat

No.3-36 situate at Navadgeri, Bidar. She also sought for a

decree of mandatory injunction and also for possession.

The said suit was instituted against Laxmibai.

2.

It was the case of Chetana that she was the owner of

the

property

bearing

Mandala

Panchayat

No.3-36

measuring 40’ x 60’ and she had acquired the same under

a Hakku Patra dated 05.10.1989. She stated that

pursuant to the allotment, her name was also mutated in

the revenue entries and she had also obtained permission

to put up a construction, but due to paucity of funds, she

could not take up the construction.

3.

She, however, stated that she had erected a zinc

sheeted shed and was residing there along with their

family members and at that time, Laxmibai, who had no

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NC: 2023:KHC-K:5109

RSA No. 200168 of 2022

right over the property started interfering with her

possession, as a result of which, she was constrained to

file O.S. No.143 of 2005 which was decreed on

25.03.2006.

4.

She submitted that thereafter she had gone to

Hubballi for a week and when she returned, she found that

Laxmibai had broken open the lock of her shed and had

illegally occupied the said shed. She also contended that

she was unable to dislodge her despite approaching the

Police. It is also contended that Laxmibai had illegally

constructed two small rooms without obtaining any

permission for construction and solely to create rights over

the property. She, therefore, stated that she was required

to institute a suit for declaration and also for mandatory

injunction to remove the shed and to deliver the

possession.

5.

Laxmibai entered appearance and contested the suit.

She admitted that she had suffered a decree in O.S.

No.143 of 2005. She however stated that she was

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RSA No. 200168 of 2022

residing as a tenant in the house bearing GP No.2-413/1

measuring 36’ 6” x 26’ 6”, which was situated in Sy.No.50

of Navadgeri, Bidar. She stated that she was residing in

the house as a tenant and the said house belonged to one

Manik S/o. Nagappa, who had in turn purchased it from

Tulsiram S/o. Tukaram for Rs.13,0010/-. It was stated

that Tukaram father of Tulsiram had acquired the property

under a Hakku Patra of the year 1989 and thereafter, his

son Tulsiram sold it to Manik and Manik had become the

owner of the property. She, therefore, stated that there

could be no decree of declaration g