( 1. ) THESE appeals are directed against the common judgment and Decree dated 30-11-2004 in O. S. No. 1703/03 to 1707/2003 passed by the City civil Judge, Bangalore City partly decreeing the suits granting decree of permanent injunction.

( 2. ) THE Appellant in these appeals was the defendant and the respondents were the plaintiffs before the Trial Court. In this judgment the parties are referred to their status before the Trial Court.

As we see the subject matter in these appeals is 3 Acres 36 guntas in Sy. No. 10/3 of Gangenahalli (hereinafter for the sake of convenience called as 'schedule land' ). As on 8-12-1977 the notified khatedars of the schedule land were Smt. Byakka, Janakamma, M. N. Ramaswamy, S. V. Indiramma, K. Kamaraj, Honnamma and G. P. Padmavathamma. On 16-3-1976 the defendants issued a notification under Section 17 (1) and (3) of the bangalore Development Authority Act, 1976 (for short called as 'bda Act') for acquisition of certain lands including the schedule land for formation of layout called Matadahalli Layout.

( 3. ) ON 30-11-1977 a final notification under section 19 (1) of the BDA Act was issued, on 16-9-1978 an award came to be passed and the award amount was sent to the Civil Court due to rival claims made in respect of the schedule land. On 25-1-1980 the defendants took possession of the schedule land and on 8-3-1988 a notification under Section 16 (2) was issued notifying the fact of taking over the possession of schedule land along with other lands.

( 4. ) WHEN the matter stood thus, the defendants by their resolution dated 30-7-1988 bearing No. 1101 admitted that Smt. Laxmamma, d/o. Byakka, one of the khatedars, continued to be in possession to an extent of 2 Acres, 34 Guntas out of 3 acres, 36 guntas of schedule land and that the defendants could not take possession of this land in view of the fact that certain litigations relating to acquisition proceedings were pending in the High Court. Further in the said resolution the defendants resolved to make bulk allotment of the schedule land in favour of m/s. Kamal Builders and Developers under group Housing Scheme for construction of apartments. Subsequently the defendants by their resolution dated 3-8-1989 bearing No. 1619 rescinded its earlier resolution dated 30-7-1988 making bulk allotment on the ground that the High Court of Karnataka in its order in W. P. No. 12119/98 held that defendant-BDA has no power to make bulk allotment of acquired lands.

Thereafter the khatedar, Smt. Lakshmamma sold the lands in her possession in favour of first plaintiff M/s. Addi Housing industries Ltd. under seven registered sale deeds on different dates during the period from 27-5-1992 to 18-6-1992. The first plaintiff on the strength of the sale deeds in its favour filed civil suits in O. S. No. 1235/1994, 1236/1994, 1238/1994, 1565/1994 and 4135/1994 against the defendants for decree of permanent injunction restraining them from interfering with the first plaintiff 's possession and enjoyment of the sites formed in the schedule land. The suit filed by the plaintiff bearing O. S. No. 1238/1994 came to be dismissed for non-prosecution, whereas suits in O. S. No. 4135/1994, 1565/1994 and 1236/1994 came to be dismissed as withdrawn and further the suit in o. S. No. 1235/1994 came to be dismissed on contest by a considered judgment. In the meantime, the first plaintiff under five agreements of sale, sold portions of the suit land in question in favour of plaintiff No. 2 in each of the suits in question. The plaintiff No. 2 in each of the suit filed separate writ petitions in w. P. 16712-13/2000 and W. P. No. 16473-45/2000 on the file of this Court against the defendant-BDA for a direction to regularise the sites in their possession under Section 38 of the BDA Act and the same came to be dismissed vide order dated 18-8-2000. Thereafter on 14-2-2003, BDA demolished the structures put up by plaintiff No. 2 in each of the suit sites. Consequently, the plaintiffs