Supreme Court - Daily Orders
Sri Muralidhar Bhat vs Sri Chand Saheb on 26 September, 2014
Bench: Sudhansu Jyoti Mukhopadhaya, Prafulla Chandra Pant
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9275 OF 2014
(Arising out of SLP (C) No.32857 of 2013)
Sri Muralidhar Bhat & Ors. Appellants
Versus
Sri Chand Saheb Respondent
O R D E R
Leave granted.
This appeal has been filed by the appellants against the order dated 05.04.2013 passed by the Division Bench of High Court of Karnataka at Bangalore in Writ Appeal No. 3032 of 2009 (LR). By the impugned order, the Division Bench of the High Court affirmed the order of the learned Single Judge and dismissed the appeal.
The dispute is with regard to grant of occupancy right in Survey Nos. 23/8C and 23/1C7 measuring 0-60 cents each at Badagubetta Village, Udupi Taluk.
Earlier, the order of Tribunal with respect to suit property was challenged before the High Court and the matter was remitted to the learned Tribunal. Again, the decision of Tribunal was challenged before the High Court. The learned Single Judge by judgment dated 14th July, 2009 passed in Writ Signature Not Verified Petition No. 74 of 2003 (LR), remitted the matter to the Digitally signed by Rajni Mukhi Date: 2014.10.09 17:25:44 IST Reason: 1 Tribunal to consider the question only with regard to Survey No. 23/8C and not both the Survey Numbers. The said order has been affirmed by the Division Bench.
We have heard the learned counsel for the parties and perused the record. It is not in dispute that earlier the matter was remitted to the learned Tribunal and after its decision the matter was challenged by respondent under the Writ Petition. We are of the view that the learned Single Judge instead of remitting the matter to the learned Tribunal second time ought to have decided the case on merits after hearing the parties. The Division Bench of the High Court has also failed to notice the aforesaid fact. There was no question of second time to remand for third time decision by the Tribunal.
For the reasons aforesaid, we set aside the impugned order dated 05.04.2013 passed by the Division Bench of the High Court of Karnataka at Bangalore in W.A. No. 3032 of 2009 (LR) and the order dated 14.07.2009 passed by the learned Single Judge in W.P. No. 74/2003 (LR) and remit the matter to the learned Single Judge for its decision on merit after notice on hearing the parties.
2 It will be open to the parties to take all pleas as taken before this Court.
The appeal stands disposed of.
.…………………..…………………………………………….J (SUDHANSU JYOTI MUKHOPADHAYA] …………………………………………………………………….J. [PRAFULLA CHANDRA PANT] NEW DELHI;
SEPTEMBER 26, 2014
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ITEM NO.6 COURT NO.4 SECTION IVA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 32857/2013
(Arising out of impugned final judgment and order dated 05/04/2013 in WA No. 3032/2009(LR) passed by the High Court of Karnataka at Bangalore) SRI MURALIDHAR BHAT & ORS. Petitioner(s) VERSUS SRI CHAND SAHEB Respondent(s) Date : 26/09/2014 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE PRAFULLA CHANDRA PANT For Petitioner(s) Mr. Rajesh Mahale, Adv.
Mr. Krutin R. Joshi, Adv.
For Respondent(s) Mr. V. N. Raghupathy,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal stands disposed of in terms of the Signed Order.
(Rajni Mukhi) (H.S. Parasher)
Sr. P.A. Court Master
(Signed Order is placed on the file) 4