AND

DECREE

DT.10.10.06

PASSED

IN

O.S.NO.5222/99 ON THE FILE OF THE IX ADDL. CITY CIVIL

JUDGE, BANGALORE, (CCH-10) DECREEING THE SUIT FOR

PERMANENT INJUNCTION.

THIS RFA COMING ON FOR HEARING THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

2

JUDGMENT

The captioned regular first appeal is filed by

defendants-Bengaluru

Development

Authority

questioning the judgment and decree dated 10.10.2006

passed in O.S.No.5222/1999 by the IX Additional City

Civil Judge at Bengaluru.

2.

For the sake of convenience, the parties are

referred as per their rank before the trial Court.

3.

The facts leading to the case are as under:

(a)The subject-matter of the suit are two items

namely plots bearing site Nos.22/5 and 22/6 situated at

Valagerahalli Village, Bengaluru South Taluk, bearing

corresponding

Municipal

Katha

Nos.895/22/5

and

894/22/6 respectively. The plaintiff filed a suit for

injunction simplicitor against the defendants-BDA. The

contention of the plaintiff is that the suit schedule

properties were originally owned by one Sri.K. Ramanna

s/o.Narasegowda and in the family partition the suit

schedule properties along with the other properties were

allotted to the share of C. Eraju S/o.Chikka Ere