Even though this appeal is posted for admission, with

the consent of the parties, the matter is taken up for final

hearing.

This appeal is filed under Section 96 of CPC

challenging the judgment and decree dated 17.11.2021

passed by XVI Addl. City Civil & Sessions Judge, Bengaluru

in O.S.No.6669/1998, whereby the suit filed by the

plaintiffs has been dismissed.

For the sake of convenience, the parties are

referred to as per their ranking before the Trial Court in

original suit.

- 4 -

The plaintiffs have filed the suit for declaration

to declare that the notices dated 15.7.1982 and 5.8.1996

issued by defendant No.2, BDA as non-est and acquisition

of the scheduled land by the defendant No.2 under BDA

Act becomes lapsed as per Section 27 of the Act has

lapsed. On service of suit summons, defendant No.1

remained exparte and defendant No.2 has filed the written

statement denying the averments made in the plaint and

has

taken

a

specific

contention

that

suit

is

not

maintainable. On the basis of the pleadings of the parties,

the Trial Court has framed following issues:

1.

Whether the plaintiffs prove that notice

No.

A.6-PR-SLAD(S)-201/82-83

dated:

15.07.1982 and No.HUD-206-MNX-86 date