Sri Khatalsab S/O Bapusaheb Kadabi v. Shri. Mallikarjun Dev Trust, Bailhongal
Case brief
What is this about?
non-joinder of necessary parties; necessary parties in possession suit; pakka constructions; suit for possession without declaration of title maintainability; court fee reconsideration; Bombay Public Trust Act 1950 Sections 18 to 21; Sections 50 and 51 Charity Commissioner permission; Sainath Mandir Trust v. Vijaya (2011) 1 SCC 623; R.M.Sundaram @ Meenakshisundaram 2022 SCC OnLine SC 883; quash and set aside decree; remand; impleadment of defendants; written statement within four weeks; Town Municipal Council Bailhongal; Chief Officer; Mallikarjun Dev Trust; cattle market public purpose contention; sale deeds dated 22.07.1978 and 15.06.1983 auction Rs.3,300; Google Map tar road division; costs Rs.10,000; refund of court fee to Appellant No.1; delay condonation 70 days; Section 96 read with Order 41 Rule 1 CPC; Karnataka High Court Dharwad 2025:KHC-D:17670-DB.
What did the court decide?
Impugned Judgment and Decree dated 05.08.2024 in O.S.No.69/2013 quashed and set aside; matter remanded to the trial Court with all 43 appellants in RFA No.100028/2025 to be impleaded as defendants; written statements to be filed within four weeks; issues to be reframed and court fee reconsidered; description of defendant corrected to 'Chief Officer'; parties to appear on 19.01.2026; refund of admissible court fee (in RFA No.100028/2025 to Appellant No.1 alone, per clarification dated 19.12.2025); costs of Rs.10,000/- imposed on the appellant in RFA No.100080/2025 payable to plaintiff No.1.