AI Structured Summary
Not yet generated for this judgment
Judgment
This is an application for leave to prefer an appeal against the judgment and order dated February 6, 2013, passed by the Hon''ble Single Judge in W.P. No.12992 of 2011, along with an application for condonation of delay in preferring the appeal.
It is stated that the applicant has been the owner of the property. He was not made a party to the proceeding. Nevertheless, the Hon''ble Single Judge directed restoration of the name of the vendor of the vendor of the appellant in the khatha.
Settlement records are not documents of title.
Mr.Subramanya Jois, learned senior advocate, submits that there is, already, a suit pending at the instance of the vendor of the appellant.
Our understanding of the matter is that the question of title is required to be adjudicated. The parties will be better advised to approach the competent civil court for declaration of title.
We are, therefore, not inclined to grant leave to the applicant to file this appeal.
However, it shall be open to the appellant to approach the civil court for declaration of title irrespective of the settlement records.
If approached, the civil court shall decide the matter in accordance with law. We express no opinion.
Therefore, the application for leave to prefer the appeal, being I.A. No.II of 2016, stands dismissed.
Consequently, the appeal and other pending interlocutory applications stand dismissed.
We make no order as to costs.