The Chief Ministerial Officer lacks authority to issue judicial notices; valid service requires proper documentation to invoke presumptions under the General Clauses Act.

ORDER :

1. The Petitioners are before this Court seeking for the following reliefs:

(a) Call for the records pertaining to Misc. Petition No. 10007/2019 on the file of the IV Additional District and Sessions Judge, Bangalore Rural District, Doddaballapura.

(b) Set aside the order dated 15.12.2023 passed by the IVth Additional District and Sessions Judge, Bangalore Rural District, Doddaballapura in Misc. No. 10007/2019.

(c) To dismiss Misc. Petition filed by the first respondent in Misc. Petition No. 10007/2019 under order 41 rule 21 of Code of Civil Procedure, 1908 on the file of IV Additional District and Sessions Judge, Bangalore Rural District, Doddaballapura.

(d) Pass such other order/s under the circumstances of petition to meet the ends of justice.

2. The suit in OS No. 466/2011 was filed by one Smt. Akkayamma against Respondent Nos. 1 to 5 herein for the relief of declaration of title and permanent injunction in respect of property bearing survey No. 50 new No. 50/1 measuring about 1 acre 33 guntas situated at Mandi Byadarahalli Village, Kasaba Hobli, Doddaballapura.

3. The said suit came to be dismissed on 09.09.2015, Smt. Akkayamma had filed RA No. 10108/2016 (old RA No. 11/2015) before the IVth Additional District and Sessions Judge, Bangalore Rural, Doddaballapura which came to be allowed with cost and the suit in OS No. 466/2011 came to be decreed on 02.12.2016.

4. Respondent No. 1 who had been placed ex-parte both before the Trial Court and the First Appellate Court filed Misc. Petition No. 10007/2019 seeking for setting aside the judgment and decree passed in RA No. 10108/2016 (old RA No. 11/2015).

5. There being a delay of about 880 days in filing the said Misc. Petition, the application under Section 5 of the LIMITATION ACT for condonation of delay of the said 880 days came to be allowed vide order dated 21.02.2023. Subsequently, the Misc. Petition came to be allowed on 15.12.2023, the judgment passed in RA No. 10108/2016 (old RA No. 11/2015) came to be recalled and Regular Appeal came to be restored. It is challenging the said order dated 15.12.2023 that the Petitioners who claim to be purchasers of the property from one Sri. Mohammed Usman Ghani under a registered sale deed dated 17.06.2022, the said Sri. Mohammed Usman Ghani having inturn purchased the property from Smt. Akkayamma under the registered sale deed dated 13.9.2017 are before this Court challenging the order passed in the Misc. Petition No. 10007/2019.

6. Sri. Ashok Haranahalli, learned Senior counsel appearing for the Petitioners would submit that:

6.1. Respondent No. 1 the Petitioner in the Misc. Petition had been served with notice in OS No. 466/2011 and chose not to appear and as such was placed ex-parte. The suit though ended in dismissal the vendors of the Petitioners have filed RA No. 11/2015 on 31.03.2015.

6.2. Notice having been ordered on 01.04.2015 returnable by 02.06.2015, service of notice being effected on Respondent No. 1 by Registered Post Acknowledgement Due (RPAD). On 10.07.2015 the First Appellate Court taking note of such service on Respondent Nos. 1 to 5 personally, called them out, recorded their absences and placed them ex-parte.

6.3. Thereafter, the matter had been proceeded with, on 01.09.2016 the Appeal which had been filed and made over to Senior Civil Judge & JMFC, Bangalore Rural, Doddaballapura was transferred by a suo-moto order bearing No. ADM/44/2016(81) dated 03.08.2016 to the IVth Additional District and Sessions Judge Court Doddaballapura for disposal. Thereafter, the matter was heard, and judgment was pronounced on 02.12.2016.

6.4. On the basis of the above facts, he submits that Respondent No. 1 who was Defendant No. 2 in