The Supreme Court has directed the Karnataka High Court to decide the appeal of Sri Thimaiah on a land dispute in Avalahalli village of Bangalore expeditiously in six months saying that the matter is pending for quite long.
A bench of Justices Arijit Pasayat and P Sathasivam said: “We set aside the impugned judgement and remit the matter to the High Court to formulate a definite point relating to possession and then analyse the evidence on record with reference to that question and decide the appeal.”
Anguish
While expressing its anguish for the delay, the Court said: “Since the matter is pending since long, the HC is requested to dispose of the appeal as early as practicable preferably by the end of August, 2008.” Sri Thimmaiah had approached the apex court challenging the HC order on the matter pertaining to plot no 43 in survey of Avalahalli village of Bangalore South taluk.
The plot was sold by a power of attorney holder of Narayan Rao in favour of Thimmaiah on June 7, 1984.
However, the wife of the seller had filed an objection and filed a suit for restoration of the possession to her. The suit has been pending adjudication before the High Court since 2002.