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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MR JUSTICE V SRISHANANDA

REGULAR FIRST APPEAL NO. 172 OF 2008

C/W

REGULAR FIRST APPEAL NO. 174 OF 2008

IN REGULAR FIRST APPEAL NO. 172 OF 2008

BETWEEN:

1.

B A PUSHPAVATHI

W/O.N.RAMACHANDRA,

AGED 51 YEARS,

R/O. NO.18/26

SOUTH END CROSS ROAD

BASAVANAGUDI

BANGALORE-560004

…APPELLANT

(BY SRI. S R HEGDE HUDLAMANE, ADVOCATE)

AND:

1.

SMT SARALA

W/O.H.M.NAGENDRAPPA

SINCE DECEASED BY HER LRS

1(A) GIRISH BABU

S/O. LATE H .M. NAGENDRAPPA

AGED ABOUT 57 YEARS

1(B) MAHESH

S/O. LATE H.M. NAGENDRAPPA

AGED ABOUT 55 YEARS

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1(C) SUDESH

S/O. H.M.NAGENDRAPPA

AGED ABOUT 52 YEARS

ALL ARE R/AT NO.1353

5^TH CROSS, ASHOK NAGAR

BSK 1^ST STAGE

BENGALURU 560050

2

SRI. SUDESHRAJ B N

S/O. LATE H.M.NAGENDRAPPA

AGED ABOUT 41 YEARS

R/O. NO.1353/16/2, 5^TH CROSS

ASHOKNAGAR, B.S.K.IST STAGE

BANGALORE-560 050

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BENGALURU DEVELOPMENT AUTHORITY

REPRESENTED BY IS COMMISSIONER

5^TH MAIN ROAD, KUMARAPARK WEST

GUTTAHALLI, BENGALURU-560020

…RESPONDENTS

(BY SRI. G LAKSHMEESH RAO , ADVOCATE FOR R3;

MS. DIVYA, ADVOCATE FOR

SRI. T.SESHAGIRI RAO, ADVOCATE FOR R1(C);

R1(A) AND R1(B) ARE SERVED;

R2 IS SERVED)

THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE

JUDGEMENT AND DECREE DT. 20.12.2007 PASSED IN OS

4145/1993 ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE,

BANGALORE,

(CCH-28)

DISMISSING

THE

SUIT

FOR

DECLARATION OF TITLE, INJUNCTION AND POSSESSION.

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IN REGULAR FIRST APPEAL NO. 174 OF 2008

BETWEEN:

1.

B A PUSHPAVATHI

W/O.N.RAMACHANDRA,

AGED 51 YEARS,

R/O. 61, 6^TH MAIN ROAD

A.P.K. ROAD, 2^ND BLOCK

THYAGARAJANAGAR

BANGALORE-28

REPRESENTED BY HER

P.A.HOLDER R.MUKUNDA

S/O. SRI. RAJU

R/O. NO.49-A, MANUVANA

VIJAYANAGAR

BANGALORE-560 010

…APPELLANT

(BY SRI. S R HEGDE HUDLAMANE, ADVOCATE)

AND:

1.

SMT SARALA

W/O.H.M.NAGENDRAPPA

SINCE DECEASED BY HER LRS

1(A) GIRISH BABU

S/O. LATE H .M. NAGENDRAPPA

AGED ABOUT 57 YEARS

1(B) MAHESH

S/O. LATE H.M. NAGENDRAPPA

AGED ABOUT 55 YEARS

1(C) SUDESH

S/O. H.M.NAGENDRAPPA

AGED ABOUT 52 YEARS

ALL ARE R/AT NO.1353

5^TH CROSS, ASHOK NAGAR

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BSK 1^ST STAGE

BENGALURU 560050

2

SRI. SUDESHRAJ B N

S/O. LATE H.M.NAGENDRAPPA

AGED ABOUT 41 YEARS

R/O. NO.1353/16/2, 5^TH CROSS

ASHOKNAGAR, B.S.K.IST STAGE

BANGALORE-560 050

…RESPONDENTS

(BY MS. DIVYA, ADVOCATE FOR

SRI. T.SESHAGIRI RAO, ADVOCATE FOR R1(C);

R1(A), R1(B) AND R2 ARE SERVED)

THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE

JUDGEMENT AND DECREE DT. 20.12.2007 PASSED IN OS

5510/1993 ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE,

BANGALORE, (CCH-28).

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

COMMON ORDER

Having regard to the fact that the layout came to be

formed and some of the site owners who are purchasers of

the revenue sites before the Bengaluru Development

Authority (BDA) took over the entire land in Sy.No.13/4 of

Sunkanahalli

Village

and

formed

the

layout

called

'Banashankari I Stage, II Block', the applications filed by

the revenue site owner who was the defendant in the suit

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need to be considered by the BDA. So also, necessity has

arisen to locate and identify the site that has been allotted

to the appellant and the site that has been purchased by

the defendant in the trial Court. All these aspects require

recording

of

further

evidence

and

also

afford

an

opportunity for the parties to place additional oral and

documentary evidence on record in order to ascertain the

identity of the property as well.

Hence, this Court is of the considered opinion that

the impugned orders needs to be set aside and the

matters be remitted to the trial Court fo