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1 - 6 of 6 (0.29 seconds)Dheerendra D Jamble And Anr vs Sri R R Diwakar & Ors on 19 April, 2013
Insofar as the contention urged by the counsel for the
appellants that it is the District Judge who is competent to
frame the scheme and that this task has to be discharged by
the Court and the same cannot be delegated to anybody else is
concerned, there can be little doubt about this position in law.
The judgment in DHEERENDRA D.JAMBLE AND OTHERS VS.
SRI.R.R.DIWAKAR AND OTHERS reported in 2013 (3) KCCR
2310 (DB) can be usefully referred here. The prayer in the suit
filed under Section 92 of CPC would be for framing a scheme
and the scheme has to be framed undoubtedly by the District
RFA 1377/2004
26
Judge.
Raje Anandrao vs Shamrao And Others on 23 February, 1961
In the above judgment, the Division Bench of this Court
had occasion to refer to the decision of the Supreme Court in
RAJE ANANDRAO VS. SHAMRAO AND OTHERS reported in
(1961) 3 SCR 930, particularly, the observations contained in
Para 11 of the said judgment which states that as per sub-
The Code of Civil Procedure, 1908
Section 31 in The Specific Relief Act, 1963 [Entire Act]
Christopher Karkada vs Church Of South India on 19 November, 2011
23. Sri Nitish, counsel appearing for K.V.Narasimhan takes
me through the findings recorded and the judgment and decree
passed in the trial Court. He takes me through the evidence
including the documents produced before the trial Court to
sustain the judgment under challenge. He has placed reliance
on the judgment of the Division Bench of this Court in
CHRISTOPHER KARKADA AND OTHERS VS. CHURCH OF
SOUTH INDIA, REPRESENTED BY ITS MODERATOR AND
OTHERS (ILR 2012 KAR 725) to contend that as the
appellants and other defendants have been put in possession of
the suit property under sale deeds, their possession become
unauthorized and illegal and hence, they have no right to
continue in possession of the suit property. He further points
out that no plea of adverse possession has been taken by the
appellants-defendants.
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