Writ appeal challenging a Single Judge's refusal to grant, via Article 226, relief based on an adverse-possession ownership claim over land. The bench held such relief belongs in the competent civil court and dismissed the appeal; pending interlocutory applications were also disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:12502-DB WA No. 566 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT APPEAL NO. 566 OF 2016 (LR) AND WRIT APPEAL NO.567/2016(LR)*
BETWEEN:
P. JAYARAM,
S/O LATE PAPANNA ALIAS MANJAPPA, AGED ABOUT 54 YEARS, OCCUPATION: AGRICULTURIST, MANDAGADDE, THIRTHA HALLI TALUK, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201.
…APPELLANT
(BY SRI. K.S.MALLIKARJUNAIAH AND SRI. J.S.SOMASHEKARA, ADVOCATES)
AND:
Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA
*corrected vide court order dated 20.11.2024
AGED ABOUT 45 YEARS, AGRICULTURIST, R/A 1ST CROSS, N.T. ROAD SHIVAMOGGA - 577 201.
(BY SRI. G.S.ARUNA, HCGP FOR R1-R3; SRI. P.N.HARISH, ADVOCATE FOR R4 & R5; SRI. S.V.PRAKASH, ADVOCATE AND SRI. UMESH MOOLIMANI, ADVOCATE FOR IMPLEADING APPLICANTS) (IA 1/2024 FOR IMPLEADING DISMISSED VIDE COURT ORDER DATED 26/03/2024)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 14-07-2015 PASSED IN W.P.NO.10421/2015 & W.P.NO.14984/2015, AND FURTHER BE PLEASED TO ALLOW THE W.P.NO.10421/2015 & W.P.NO.14984/2015 AS PRAYED, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, K.SOMASHEKAR, J., DELIVERED THE FOLLOWING:
NC: 2024:KHC:12502-DB WA No. 566 of 2016
JUDGMENT
This appeal is filed challenging the order dated 14.07.2015 passed by the learned Single in
W.P.Nos.10421/2015 and 14984/2015, by urging various grounds and seeks to set aside the aforesaid order.
for consideration of I.A.No.1/2024 filed under Order 1 Rule 10(2) of CPC seeking impleadment of the applicant as a party to the proceedings.
However, the relief is unavailable in a writ proceedings initiated by making use of Article 226 of the Constitution of India. The petitioner must stand relegated to the competent Civil Court for necessary relief relating to the issues involved in between the parties.
stands dismissed.
seeks for status-quo . Since the writ appeal is disposed of, granting any status-quo order does not arise for consideration.
In the light of the disposal of the appeal, pending interlocutory applications, if any, do not survive for
consideration and the same stand disposed of.
Sd/JUDGE
Sd/JUDGE
VM List No.: 1 Sl No.: 17
2 issues framed by the court
Should the writ appeal against the Single Judge's order directing the claimant to the civil court be allowed?
Was impleadment sought under Order 1 Rule 10(2) CPC permissible?
5 provisions across 4 enactments
P. Jayaram
The State of Karnataka Revenue Department
The Land Tribunal Shivamoga
The Deputy Commissioner Shivamoga
Mohammed Ziaulla
Rajalakshmi
K.SOMASHEKAR
RAJESH RAI K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
