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2022 Supreme(Online)(Kar) 55395

KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SRI V MOHAMED SHAFIULLA – Appellant
Versus
THE COMMISSIONER – Respondent


This writ petition is filed seeking for a direction to

respondents not to take any forcible or coercive steps to

dispossess the petitioners from their land measuring 750

sq.ft.

in

HL

No.125

and

126,

Nagavarapalya,

Benniganahalli Dakhale, K.R. Puram Hobli, Bengaluru East

Taluk in forming storm water drain without following the

due process of law.

2.

The petitioners and respondents have filed a

compromise petition under Order XXIII Rule 3 of Code of

Civil Procedure stating that the parties amicably settled the

dispute among themselves and terms and conditions

contained in the compromise petition reads as under:

(i)

"The Petitioners have voluntarily and happily

surrendered 2-3 x 70 feet out of 750 SFT for

the formation of storm water drain. The

Petitioners have given their consent to the

respondents to take the possession of 2-3 x 70

feet for purpose of formation of storm water

drain running from Kaggadasapura Main Road

to Kaggadasapura Lake. It is submitted that

the respondents have also agreed to take

possession of 2-3 X 70 feet of land out of 750

SFT land and they have also undertake that

the said portion of land i.e., 2-3 X 70 feet shall

be utilised only for the formation of storm

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