ORAL ORDER

The petitioners-defendants, in this civil revision petition, are challenging the order dated 29.09.2023 passed by the Court of Senior Civil Judge and JMFC, Malur in O.S. No. 636/2022, whereby the application filed under Order 7 Rule 11(a) and (d) read with Section 151 of the CPC was rejected.

2. The respondent-plaintiffs, as public-spirited persons and residents of Malur Taluk, have filed the present suit for declaration and permanent injunction seeking that the government is the absolute owner of the suit schedule property—bearing Sy. No. 112 and newly created Sy. No. 563, measuring 1.20 acres, situated in Malur Village, Kasaba Hobli, Malur Taluk, Kolar District. The prayer for permanent injunction is sought to prevent defendants, their agents, etc., from alienating the suit schedule property. Incidentally, the plaint does not feature a prayer for recovery of possession.

2.1. Essentially, they seek a negative declaration in favor of the government, on the grounds of illegal grabbing of valuable public property.

3. The defendants contend that the suit is not maintainable as it challenges the grant of the suit schedule property to the late husband of Defendant No. 1 after a l