1. The Bangalore Development Authority (BDA), Bangalore, represented by its Commissioner has filed this appeal assailing the order passed in O.S.No.25449/2009 dated 18/08/2016 by the XXVI Addl. City Civil and Sessions Judge at Mayo Hall, Bangalore. On an application under Order XII Rule 6 r/w Section 151 of the Code of Civil Procedure, 1908 (CPC), the trial court decreed the suit on the basis of the admissions made in letter dated 06/03/2013 written by BDA to the State Government.

2. For the sake of convenience, the parties shall be referred to, in terms of their status before the trial court.

3. Respondent filed the suit seeking the relief of declaration that the order dated 17/02/2009, canceling the allotment of the suit schedule property in favour of the plaintiff as null and void and for consequential relief of permanent injunction restraining the defendant, their men, agents or anybody claiming under them acting upon the order passed by the defendant dated 17/02/2009.

4. It is the case of the respondent-plaintiff that he had made an application to the defendant- authority seeking allotment of a site in Sir.M.Vishweshwaraiah Layout. That he was allotted a site bearing No