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Supreme Court of India · body

1986 DIGILAW 677 (SC)

S. C. Basavraja v. Boraiah

1986-12-17

B.C.RAY, M.P.THAKKAR

body1986
ORDER 1. The decree passed by the civil court has been held to be without jurisdiction by reason of the fact that neither the petitioners From the Judgment and Order dated July 31, 1986 of the High Court of Karnataka at Bangalore in C.R.P. No. 1045 of 1986 for the respondent brought it to the notice of the civil court that the decision rendered by the Land Tribunal holding that the respondent was not a tenant had been set aside by the High Court in a writ petition. The proper course for the petitioners, therefore, would appear to be to approach the civil court and produce a copy of the order passed by the High Court remanding the matter to the Land Tribunal and request the court to set aside the decree passed unaware of the fact that the decision of the Land Tribunal had been set aside. The petitioners can apply to the civil court to exercise inherent powers in this behalf and to keep the suit pending till a final decision as regards the status of the respondent, who claims to be a tenant, is taken by the Land Tribunal, subject to the order that may be passed by the High Court in a writ petition, if any, arising therefrom. We hope that the Land Tribunal which is seized of the matter in view of the order of the remand passed by the High Court will proceed to decide the matter expeditiously having regard to the fact that it is a very long drawn litigation. 2. Subject to these observations, we see no reason to interfere with the order passed by the High Court. 3. The special leave petition is disposed of accordingly. Court Master. For Citation : 1987 (Supp) SCC 123.