IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF APRIL, 2021

PRESENT

THE HON'BLE MR. JUSTICE B. VEERAPPA

AND

THE HON9BLE MR. JUSTICE RAJENDRA BADAMIKAR

REGULAR FIRST APPEAL No.1287/2012(DEC)

BETWEEN:

1 .

THE STATE OF KARNATAKA,

REPRESENTED BY THE

CHIEF SECRETARY,

VIDHANA SOUDHA,

BANGALORE 560 001.

2 .

THE RANGE FOREST OFFICER,

DEVANAHALLI TALUK,

DEVANAHALLI,

BANGALORE RURAL DISTRICT-562110.

...APPELLANTS

(BY SMT. K.R. ROOPA, HCGP)

AND:

1.

M. A. MOHAMAD SANAULLA,

S/O K. ABDULLA SAHAB,

AGED ABOUT 46 YEARS

WHOLESALE FRUIT MERCHANT

CHIKKASANNAHALLI VILLAGE

2

DEVANAHALLI TALUK

BANGALORE DISTRICT-562110.

2.

PRAKRUTHI CENTURY PROPERTIES

REGISTERED PARTNERSHIP FIRM

HAVING OFFICE AT

NO.10/1, LAKSHMINARAYANA COMPLEX,

GROUND FLOOR, PALACE ROAD,

BANGALORE-560052.

REP. BY ITS AUTHORIZED SIGNATORY,

SRI RAGHAVENDRA K. G.

&RESPONDENTS

(BY SRI UDAY HOLLA SENIOR COUNSEL A/W

SRI N. BAYYA REDDY, ADVOCATE

BY SRI UDAY HOLLA SENIOR COUNSEL A/W

SRI CHANDAN, ADVOCATE FOR IMPLEADING APPLICANT IN

I.A.1/2019)

&

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96

OF THE CODE OF CIVIL PROCEDURE PRAYING TO ALLOW THE

APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE

DATED 8.3.2012 PASSED IN O.S. No.1424/2006 ON THE FILE OF

THE

LEARNED

PRESIDING

OFFICER,

FAST

TRACK

COURT,

DEVANAHALLI.

THIS REGULAR FIRST APPEAL COMING ON FOR HEARING THIS

DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:

J U D G M E N T

The plaintiffs have filed the present regular first appeal against

the impugned judgment and decree dated 8^th March, 2012 made in

3

O.S.1424/2006 on the file of the Presiding Officer, Fast Tract Court,

Devanahalli, dismissing the suit for declaration, possession and

permanent injunction in respect of the suit schedule properties

morefully described in the plaint i.e., part and parcel of the land

bearing Sy.No.69 measuring 8 acres 35 guntas situated at

Chikkasanne Village, Kasaba Hobli, Devanahalli Taluk, Bangalore

District.

2. The plaintiffs filed suit i.e., O.S.No. 1424/2006 (Old

No.34/1997) on 16.1.1997 contending that the then Government of

His Highness, the Maharaja of Mysore was pleased to declare the

lands to an extent of 59 acres 8 guntas situated in Buvanahalli and

Chikkasanne villages within the Devanahalli Taluk as the Buvanahalli

Forest Block of the State Forest in Devanahalli Taluk. Accordingly,

the State Government issued Declaration by Notification bearing

No.R.7803.FT.126-202 dated 8^th January, 1921 which was

published in the Official Gazette as per Annexure-A. It was further

case of the plaintiffs that, the Buvanahalli Forest Block in

Devanahalli Taluk comprised lands situated in Chikkasannehally

village bearing Sy.No.68 (old No.66) to an extent of 16 acres 15

4

guntas and Sy.No.69 (Old No.67) to an extent of 34 acres 09 guntas

and also lands situated in Buvanahalli Village bearing Sy.No.39 (old

No.64) to an extent of 08 acres 21 guntas and thus it was totally an

extent of 59 acres 8 guntas. As per the said Notification, the lands

were vested in the State Forest Department and within the

jurisdiction of 2^nd plaintiff with effect from 1.2.1921.

3. It was the further case of the plaintiffs that the Forest

Department had taken further steps in raising cashew nut plantation

in the Buvanahalli Block. The fruits of cashew nut produced by the

Government had been auctioned every year from 1991 to 1996 and

the sketch showing the lands comprised in Buvanahalli Forest Block

described that the entire land was granted to the plaintiffs and

schedule lands formed part and parcel of the Buvanahalli Forest

Block of the State Forest. The defendant with an ulterior motive to

grab the forest lands and usurp the produce there from, filed a suit

in O.S.No.600/1981 before the Munsiff at Devanahalli seeking

permanent injunction against the plaintiffs and the plantation guard,

Buvanahalli plantation and after contest