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2013 Supreme(Kar) 95

A.S.BOPANNA
Tahirunissa – Appellant
Versus
Joint Commissionr (South) Bruhat Bangalfore – Respondent


Advocate Appeared:
For the Petitioner:Shaker Shetty, Advocate.
For the Respondents:N. Devaraj, R1 & 2, B.V. Muralidhar, R3, M/s. DMS Associates, Advocates.

Judgment :-

1. The petitioner is before this Court assailing the order dated 10.04.2012 which is impugned at Annexure-G to the petition.

2. The petitioner claims right in respect of the property bearing No.12, 13th 'A' Main Road, N.S.Palya, Bangalore. According to the petitioner, the property originally belonged to Sri Gunashekhar, who had sold the same in favour of Shaik Shakeel Ahamad Basha under a sale deed dated 02.07.2005. The said purchaser had thereafter executed a general power of attorney in favour of the husband of the petitioner. Based on the said power of attorney, the husband of the petitioner Sri Javeed Pasha has executed a sale deed in favour of the petitioner on 10.03.2008. Based on the said sale deed, the petitioner had obtained the khatha entry in her name on 31.03.2008.

3. When this was the position, the third respondent is stated to have filed an application seeking change of khatha to her name based on a gift deed said to have been executed by Shaik Shakeel Ahmed Basha in her favour. It is in that circumstance the Joint Commissioner has initiated proceedings under Section 114A of the Karnataka Municipalities Act and has ultimately by the order dated 10.04.2012



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