Judgment

Bhan, J.—This appeal by grant of leave has been filed by defendant No. 2, (hereinafter referred to “the Appellant”) against the judgment and decree of the High Court of Karnataka at Bangalore dated 13.02.2003 in Regular First Appeal No. 388 of 1996 whereby and whereunder the High Court while setting aside the judgment and decree of the trial Court decreed the suit filed by the plaintiff, 1st respondent herein for declaration of ownership of suit property as well as for setting aside the sale deed dated 21.05.1983 executed by the City Improvement Trust Board (CITB), now Bangalore Development Authority (BDA) respondent No. 2 herein. The High Court held the action of the BDA in executing the sale deed in favour of the appellant as void and not binding on respondent No. 1. Further, the BDA has been restrained from interfering with the peaceful possession and enjoyment of the property by respondent No. 1.

2. Plaintiff-respondent No. 1 is proceeded ex-parte since she has chosen not to enter appearance despite service of notice.

3. Plaintiff-respondent filed a suit seeking declaration that she is the owner of the site bearing No. 115, situated at Jabbar Block. Rajamahal Cuttahalli B