JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 19.02.2018 passed by the High Court of Karnataka at Bengaluru in Writ Petition No.34313 of 2017 whereby the High Court dismissed the writ petition filed by the appellant herein.

3. In order to appreciate the short controversy involved in this appeal, it is necessary to set out a few relevant facts.

4. The appellant-Mysore Development Authority(in short, “the Authority”) is the defendant whereas the respondent is the plaintiff in the suit out of which this appeal arises.

5. The respondent filed a civil suit (O.S. No.685/2006) against the appellant-Authority in the Court of Principal Senior Civil Judge and Small Causes Court, Mysuru. The suit was for declaration of title and permanent injunction in relation to the land bearing No. 2442 situated in Vijaynagara, 2nd stage, Devaraja Mohalla, Mysuru (hereinafter referred to as ‘suit land’).

6. The appellant-Authority, on being served filed their written statement. The parties adduced their evidence. By judgment/decree dated 20.03.2012, the Trial Court decreed the respondent's suit and passed a decree against the appellant-Auth