The appeal by the Bangalore Development Authority arise out of the interim order passed by the City Civil Court in OS 7025/2012. The property in question (Site No. 4C420) is said to be part of Sy. No.21/1 of Kacharakanahlli Village, Bangalore North which the BDA has acquired by a preliminary notification dated 21.3.1977 to the extent of 3.12 acres, followed by a final notification dated 14.5.1980. It appears the original owner, after the notification, has sold the property in favour of Tanveer Shariff on 14.7.2003. This Tanveer Shariff sold the same to Nadeem Pasha on 19.11.2008 and Nadeem Pasha has sold in favour of Afroze Ahmed, the plaintiff. The BDA is in appeal on the ground that the property is already acquired by it and also possession has been taken on 13.6.1983 itself as per the mahazar and also contended that the suit itself is not maintainable, the order passed by the trial court by way of an interim order to maintain status quo or any other order is non-est. The appellant BDA has also sought to vacate the interim order passed.

In support of his argument, counsel representing the BDA has relied upon several decisions-1995 (5) SCC 335 - Mahavir & Anr Vs Rural I