Mr N K Venkatesh Babu S/O. N V Kodandarama ... vs Mr K N Subramanyam S/O. K M Narayanaswamy on 22 March, 2012

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Karnataka High Court

Mr N K Venkatesh Babu S/O. N V Kodandarama ... vs Mr K N Subramanyam S/O. K M Narayanaswamy on 22 March, 2012

Bench: Subhash B.Adi

HON LOGOUT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH:

IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 2254 DAY OF MARCH. L202

BEFORE

THE HON'BLE MR. JUSTIC E SUBHASK B. ADI

WRIT PETITION NO.1551 OF 201s Gh -CPC)

BETWEEN :

MR.N.K.VENKATESH BASU

S/O N.V.KODANDARAMA CHEITY

AGE: 45 YEARS. a
KRISHNARAJENDERA SILVER

JUBILEE TECHNOLOGICAL

INSTITUTION, K.RCIRCLE
BANGALORE -560001 -_--s... PETITIONER

(BY SRLMOHUNED SADION B.A., ADV)

AND :

MRE. K. N. SITBRAMANVAM

9/0 K.M.NARAYANASWAMY
_ AGE: 58 YEARS
. R/A NANGLI VILLAGE

TALUK, 'MULBAGAL .. RESPONDENT

- BY SRI.G.PAPI REDDY, ADV)

| This writ petition is filed under Articles 226 and

-- 7 227 of the Constitution of India praying to issue a writ

in the nature of certiorari quashing the order dated
3.12.2010 at Annexure-G passed by the learned Prl.


HGH COURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH CO

Civil Judge (Jr. Dn.) & JMFC, Mulbagal on IA No. 7 in
O.$.No.504/ 2008 and etc.

This petition coming on for Preliminary Heacin
this day, the Court made the following ;

ORDER

Petitioner is the defendant in os S.ito. 504/ 2008. - He filed an application under Crder 7 Rule WL af Code of Civil Procedure for rejection o or 'the -Hlaint on the ground that the suit is barred in law aa the plaintiff claims possession on the basis oft & lease deed. The, suit schedule | property is an agricultural land. and no lease c can be created after coming into force of the Karnataka Land 'Reforms Amended Act. He also

-- subsits that there is bar under Sections 132 and 133 of : 3. it in for the Civil Court to find out whether such foes, issue erisea in the light of pleadings or not at 'appropriate stage. Though the issue as regard to tenancy and creation of lease or not, ig not a matter to o ? \ a A?

BRO i Ur RAKRNALAKA HEGE Ad loin Lh ae "QURTE OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH be decided in the suit, but the suit itself cannot be aaid to be barred under law. if the plaintiff is claiming injunction on the basis of tenancy, whether the suit is - plaint.

Hence, petition is dismissed. . |

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