Channabasappa. H v. Managing Director
Case brief
What is this about?
land grabbing; Karnataka Land Grabbing Prohibition Act 2011 - Section 20 - transfer of suit to Special Court - trial court must record finding that suit involves 'land grabbing' or matters under Section 7(1) - plaintiffs in unauthorised occupation with pending regularisation application (Form No.50, Karnataka Land Revenue Act 1964) not land grabbers - rejection of regularisation not pleaded in written statement - temporary injunction Order XXXIX Rules 1 & 2 CPC - protection of possession during remand - Article 227 Constitution of India - O.S.No.179/2016; M.A.No.8/2017; I.A.No.6; I.A.No.4 - KSSSIDC allotment, Sy.No.113 Hireshakuna Village, Shivamogga - writ petitions allowed.
What did the court decide?
Both writ petitions allowed. W.P.No.44551/2018: the order dated 29.08.2018 in M.A.No.8/2017 upheld insofar as remanding I.A.No.4 to the Trial Court, with modification that till the Trial Court decides I.A.No.4 (Order XXXIX Rules 1 and 2 CPC) the defendants shall not interfere with the plaintiffs' peaceful possession and enjoyment of the suit schedule property. W.P.No.39388/2019: the order dated 09.07.2019 on I.A.No.6 in O.S.No.179/2016 transferring the suit to the Special Court set aside and I.A.No.6 rejected. No order as to costs.