Mahadeva vs Mahadevu on 16 October, 2012

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Karnataka High Court

Mahadeva vs Mahadevu on 16 October, 2012

Bench: Jawad Rahim

                          1




  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 16TH DAY OF OCTOBER, 2012

                       BEFORE

   THE HON'BLE MR. JUSTICE JAWAD RAHIM

                 RSA No.2010 OF 2008

BETWEEN:

   MAHADEVA, S/O LATE MADASHETTY
   @ GAARE MADHU, AGED ABOUT 52 YEARS,
   R/O RAMAMANDIRA ROAD,
   CHAMALAPURA STREET,
   NANJANGUD TOWN,PIN - 571 301
                                   ... APPELLANT
   (BY M/S SIVAN & SIVA ASSOCIATES, ADV.,)

AND:

   1. MAHADEVU,S/O TAYURA MADASETTY,
      AGED ABOUT 50 YEARS,
      R/O DOOR NO.162,HALLADAKERI,
      NANJANGUD TOWN,
      PIN - 571 301

   2. NAGAMMA,AGED ABOUT 45 YEARS,
      R/O RAMAMANDIRA ROAD,
      CHAMALAPURA STREET,
      NANJANGUD TOWN,
      PIN - 570 301
                                  ... RESPONDENTS
      (BY SRI D.KRISHNA MOORTHY, ADV., FOR R1)
                         ***

2 BY I.A.1/2012 FILED UNDER SECTION 152 OF CPC, THE APPELLANT SEEKS DIRECTIONS TO THE TAHSILDAR, TALUK OFFICE, NANJANGUD TO DEPUTE THE TALUK SURVEYOR TO IDENTIFY THE PROPERTY AND SUBMIT A REPORT.

THIS I.A COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER ON I.A NO.1/2012

This appeal was disposed of in terms of the judgment and decree dated 11.07.2011 with certain directions one amongst which at Sl.7 which reads thus:

"The Trial Court shall appoint a Commissioner from ADLR to demarcate the portion covered under Ex.D1 and delineate the remaining portion of the schedule property to evict the 1st defendant therefrom."

By I.A.1/2012 filed under Section 152 of CPC, the appellant seeks directions to the Tahsildar, Taluk Office, 3 Nanjangud to depute the Taluk Surveyor to identify the property and submit a report.

It is submitted that this change has become necessary as after rendition of the judgment and on issuance of the process by the Trial Court, the ADLR has sent an endorsement stating that it is no longer functioning independently and is merged with the revenue departments and is functioning under the jurisdictional Tahsildar.

Learned counsel for the respondents accept this factual position. Under the circumstances, I.A.1/2012 is disposed of with the following order:

While complying with the direction in the judgment at Sl.7, the Trial Court is directed to issue commission appointing the Tahsildar, Taluk Office, Nanjangud instead of an officer from the ADLR to conduct survey with the 4 assistance of one surveyor attached to its office to demarcate the portion covered under Ex.D1 and delineate the remaining portion of the schedule property to evict the 1st defendant therefrom.

SD/-

JUDGE Vg/-

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Karnataka High Court