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IN THE HIGH COURT OF KARNATAKA

At BENGALURU

DATED THIS THE 1^st DAY OF APRIL 2021

BEFORE

THE HON9BLE MR. JUSTICE N.K.SUDHINDRARAO

REGULAR FIRST APPEAL No.1082/2014

BETWEEN:

M/S HINDUSTAN AERONAUTICS LIMITED

BANGALORE 560 017

REPRESENTED BY ITS

HUMAN RESOURCE OFFICER

(ERM) LEGAL AND ESTATE.

...APPELLANT

(By Sri. S.V. SHASTRI & SRI.RAVINDRANATH K., ADVS.)

AND:

SRI. MAHANTHALINGA SHIVACHARYA SWAMIJI

PRESIDENT, MAJOR, RAMBAPUR SHAKHA

(BALEHONNUR), SRIMAD VIBHUTHIPURA

VEERASIMHASANA SAMSTHANA MUTT,

VIBHUTIPURA VILLAGE, VIMANAPURA POST,

BANGALORE 560 017.

RESPONDENT

(BY SRI. K.G. RAGHAVAN SR. COUNSEL FOR

SRI CHANDRASHEKAR PATIL, ADV FOR R2.

V/O/D 09.01.2015 RESPONDENT NO.1-DELETED)

THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W

SEC 96 OF CPC AGAINST THE JUDGMENT AND DECREE

DARED 22.4.2014 PASSED IN OS NO.4901/2011 ON THE

FILE OF THE XXVII ADDL. CITY CIVIL AND SESSIONS

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JUDGE,

BENGALURU,

DISMISSING

THE

SUIT

FOR

PERMANENT INJUNCTION.

THIS APPEAL COMING ON FOR HEARING THROUGH

VIDEO CONFERENCE HEARING AT DHARWAD BENCH,

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is directed against the judgment and

decree dated 22.04.2014 passed by the learned XXVII

Additional City Civil Judge, Bangalore, (hereinafter referred

to as the 8trial Court9) in O.S.No.4901/2011 wherein the

suit of the plaintiff came to be dismissed.

2.

Being aggrieved by the said judgment and

decree, the plaintiff-HAL has come in appeal under Section

96 of the Code of Civil Procedure, 1908.

3.

In order to avoid confusion and overlapping,

the parties are addressed in accordance with the ranks

held by them before the trial Court.

4.

Originally, the suit was filed against the

defendants for permanent injunction restraining them from

interfering with the possession and enjoyment of the

schedule

8B9

property

and

further

to

restrain

the

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defendants from putting up construction over the schedule

property or from altering the nature of the land and to

award costs.

5.

It is the substance of the plaint that, the

plaintiff is Hindustan Aeronautics Limited, a company

engaged in manufacturing defence equipments and it is

claimed that it plays a instrumental role for the defence of

the Country. Earlier, the then Government had acquired

vast land in and around the Bangalore City covering

Vibhutipura, Marathhalli and surrounding villages for the

benefit of the plaintiff. Thus, the plaintiff company claims

more than 100 acres of land was acquired. The land

bearing Sy.No.170 measuring 7 acres 12 guntas and

Sy.No.199 measuring 5 acres 4 guants of Vibhutipura

village is shown in schedule 8A9 were also acquired and

compensation was paid, by virtue of the acquisition of the

said property, the plaintiff company was put in possession

of 8A9 schedule property. All the revenue records bear the

name of the company insofar as to the extent of the land

that was acquired and allotted for it. 8A9 schedule land

which consists of said Sy.Nos.170 and 199, by virtue of

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formation of the road, got bifurcated at road and some

extent of land in 8A9 schedule fell to the western side of 8A

schedule property. In the sense 8A9 schedule property road

bifurcated the said property and a portion of 8A9 schedule

property fell to the west of that road as well. On the

western side of schedule 8A9 , the plaintiff has put up

compound wall adjoining the road on the eastern side. On

eastern side of the schedule 8A9, certain equipments which

are sensitive and which require careful attention is

reserved for the same. Some portion of the land bearing

Sy.Nos.170 and 199 which are stated as 8A9 schedule

property belong to the plaintiff company. On the other side

of the road, a compound wall is constructed on the

western side of 8A9 schedule land. In the year 1994, the

Talakaveri Housing Co-operative Society Limited, K.g.

Road, Bangalore, came into existence and in the