Karnataka High Court
Sri J Rama vs M Vittal Bhat on 24 September, 2012
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 24TH DAY OF SEPTEMBER 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT APPEAL NO.1067/2012(LR)
BETWEEN
SRI J RAMA S/O UMANNA
AGED ABOUT 66 YEARS
R/A MORGEN GATE
JEPPU, MANGALORE-575 001
SINCE DECEASED BY LRS.
1A) SMT INDIRA
W/O LATE J RAMA
AGED ABOUT 56 YEARS
R/A MORGEN GATE, JEPPU
MANGALORE-575 001
1B) SMT SAHANA A
W/O ASHOK B
AGED ABOUT 38 YEARS
R/A MORGEN GATE, JEPPU
MANGALORE-575 001
1C) SRI SANDEEP
S/O LATE J RAMA
AGED ABOUT 33 YEARS
R/A MORGEN GATE, JEPPU
MANGALORE-575 001
(1-A TO 1- C ARE IMPLEADED
V/O DATED 24.07.2012)
... APPELLANTS
(BY SRI K GIRIDHAR, ADV.,)
AND
1. M VITTAL BHAT
S/O ANANTH BHAT
2
AGED ABOUT 50 YEARS
EMPLOYEE IN CORPORATION BANK
MAHA MAYA TEMPLE ROAD
MANGALORE
2. SMT MEENA R KAMATH
W/O A RAMADAS KAMATH
AGED ABOUT 37 YEARS
EMPLOYEE IN CORPORATION BANK
JAYENDRA NAYAK COMPOUND
LOWER CAR STREET, MANGALORE
3. SRI RAM MOHAN SHENOY
S/O SRINIVAS SHENOY
AGED ABOUT 46 YEARS
EMPLOYEE IN CORPORATION BANK
PETLEMPETE, MANGALORE
4. SRI TARANATAH SHENOY K
S/O RAMACHANDRA RAO
AGED ABOUT 45 YEARS
EMPLOYEE IN CORPORATION BANK
KODIAL BAIL, MANGALORE
5. SRI B NARASIMHA PAI
AGED ABOUT 44 YEARS
EMPLOYEE IN CORPORATION BANK
PATEL COMPOUND
OLD KENT ROAD, MANGALORE
6. SRI P SARAVOTHAMA KINI
S/O P K KINI
AGED ABOUT 38 YEARS
EMPLOYEE IN CORPORATION BANK
ANANTHAPADMANABHA NAYAK COMPOUND
KINNIMOOLKI, UDUPI
7. SRI DINAKAR PAI S/O ANNAPPA PAI
AGED ABOUT 39 YEARS
EMPLOYEE IN CORPORATION BANK
MANNEGUDDA, MANGALORE
8. SRI K JAGANNATH PAI
S/O BABURAYA PAI
AGED ABOUT 50 YEARS
3
EMPLOYEE IN CORPORATION BANK
CAR STREET, MANGALORE
9. SRI BALAKRISHANA BALIGA
S/O RAMACHANDRA BALIGA
AGED ABOUT 51 YEARS
EMPLOYEE IN CORPORATION BANK
V R ROAD, V T COLONY, MANGALORE
10. SRI P VASUDEVA BHAT
S/O P DAMODAR BHAT
AGED ABOUT 43 YEARS
EMPLOYEE IN CORPORATION BANK
V R ROAD, V T COLONY, MANGALORE
11. SRI A RAMADAS KAMATH
S/O NARAYANA KAMATH
AGED ABOUT 48 YEARS
LOWER CAR STREET, MANGALORE
R-1 TO 11 ARE REP BY THEIR POWER OF
ATTORNEY HOLDER SRI P K ALVA
S/O LATE P C ALVA, R/AT PADUVU MEGINA
MANE, KULSHEKAR POST
MANGALORE-575 005, D.K.
12. ASSISTANT COMMISSIONER
MANGALORE SUB-DIVISION
MANGALORE
13. STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF REVENUE
M S BUIDLING, BANGALORE-1
14. THE KARNATAKA APPELLATE TRIBUNAL
M S BUILDING, BANGALORE
BY ITS SECRETARY
... RESPONDENTS
(BY SRI SANATH KUMAR SHETTY K, ADV., FOR C/R-1 TO 11;
SRI D.VIJAYAKUMAR, AGA FOR R-12 TO 14)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
4
THE ORDER PASSED IN WRIT PETITION
NO.22221/2004(LR) DATED 25/11/2011.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
JUDGMENT
Vikramajit Sen, CJ (Oral) In this case, occupancy rights have been granted in favour of the Appellant on 20.10.1981. It appears that the land in question was mortgaged by the Appellant to an extent of 1 Acre 46 Cents and unable to redeem it, the land was eventually sold. Respondent Nos.1 to 11 are the purchasers of the land. The learned Single Judge in the impugned order has taken cognizance of the fact that after expiry of approximately twelve years, the Appellant/Petitioner has sought to challenge the legality of those transactions. Relying on Mohamad Kavi Mohamad Amin vs Fatmabai Ibrahim, (1997)6 SCC 71, it has been noted that if no time limit is prescribed for taking of any particular action, that action must be taken within a reasonable period. We find no error in this approach, keeping in perspective that a period of twelve years had elapsed.
No grounds for interference made out. Dismissed. 5 In view of the dismissal of the Writ Appeal, I.A.No.1/2012 would not survive for consideration.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv