High CourtsSingle Bench(2013) 07 KAR CK 0222

Papamma, Srinivasa and Savitha vs M. Nanjappa, M/s. G.R. Developers and State of Karnataka

Karnataka High Court · Decided on 2 July 2013

HON’BLE JUDGES
Ravi Malimath, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 29539 of 2010 (GM-CPC)

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Judgment

4 paragraphs · 226 words

Ravi Malimath, J.—The petitioners-plaintiffs filed a suit for injunction. Subsequently, an additional prayer was made seeking for possession. The trial Court therefore sought for a fresh valuation slip. Aggrieved by the same, the present Petition is filed. The learned counsel for the petitioners submits that even though the land in question has been converted subsequent to the filing of the suit, the same has spent itself in view of the fact that the conditions in the order are not complied with.

2.

The learned counsel appearing for the respondents defends the impugned order.

On hearing the learned counsels I'' am of the considered view that no interference is called for. The facts would show that on the date of filing of the suit or even on the date the amendment was allowed, suit schedule land was converted. Whether the conversion order holds good or not is not the subject matter before this Court. Valuation would have to be made on the basis that the suit schedule properties is converted. Consequently, the order passed by the court below to furnish the fresh conversion slip is in accordance with the facts and law. I do not find any error. Consequently, the Petition being devoid of merits, is dismissed.

In view of the dismissal of the Petition I.A. II/2012 for production of additional documents does not survive for consideration.