IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF AUGUST 2021

BEFORE

THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD

WRIT PETITION NO. 13675/2021

C/W

WRIT PETITION NO. 13705/2021 (GM CPC)

IN W.P.NO.13675/2021

BETWEEN :

SRI. M.CHANNEGOWDA

NOW AGED ABOUT 51 YEARS

SON OF SRI. MARIYAPPA

RESIDING AT NO.619

INDEPENDENT LAYOUT

NEAR GAVIPURAM LAYOUT

MALLATHAHALLI ULLAL ROAD

BENGALURU-560056

... PETITIONER

(BY SRI. D.MANMOHAN, ADVOCATE)

AND :

SMT. T.K.INDRA

NOW AGED ABOUT 36 YEARS

WIFE OF SRI. HALEGOWDA

R/AT NO.9, 1^ST CROSS

SULIKEREPALYA, SULIKERE POST

KENGERI HOBLI

2

BENGALURU SOUTH TALUK

BENGALURU-560060

... RESPONDENT

(BY SRI. R.S.RAVI, ADVOCATE FOR

SRI. B.ROOPESHA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS

IN O.S.NO.850/2019 ON THE FILE OF COURT OF LEARNED II

ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT AT

BENGALURU; CALL FOR RECORDS IN M.A.NO.44/2020 ON THE

FILE OF COURT OF LEARNED VI ADDITIONAL SENIOR CIVIL

JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU AND

ETC.

IN W.P.NO.13705/2021

BETWEEN :

SRI. M.CHANNEGOWDA

NOW AGED ABOUT 51 YEARS

SON OF SRI. MARIYAPPA

RESIDING AT NO.619

INDEPENDENT LAYOUT

NEAR GAVIPURAM LAYOUT

MALLATHAHALLI ULLAL ROAD

BENGALURU-560056

... PETITIONER

(BY SRI. D.MANMOHAN, ADVOCATE)

AND :

SMT. T.K.INDRA

NOW AGED ABOUT 36 YEARS

WIFE OF SRI. HALEGOWDA

R/AT NO.9, 1^ST CROSS

SULIKEREPALYA, SULIKERE POST

3

KENGERI HOBLI

BENGALURU SOUTH TALUK

BENGALURU-560060

... RESPONDENT

(BY SRI. R.S.RAVI, ADVOCATE FOR

SRI. B.ROOPESHA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS

IN O.S.NO.384/2019 ON THE FILE OF COURT OF LEARNED II

ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT AT

BENGALURU; CALL FOR RECORDS IN M.A.NO.43/2020 ON THE

FILE OF COURT OF LEARNED VI ADDITIONAL SENIOR CIVIL

JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU AND

ETC.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

The defendant in the two suits in O.S.No.850/2019 and

O.S.No.384/2019 on the file of the II Additional Civil Judge,

Bengaluru Rural District, Bengaluru (for short, 'the civil

Court'), has preferred these writ petitions. The respondent

has filed these two suits for permanent injunction restraining

the petitioner from interfering with her possession of the suit

schedule properties which are described as sites bearing

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Nos.36 and 29 formed in Sy.No.39/5 of Kenchanapura

Village, Kengeri Hobli, Bangalore South Taluk.

2.

The civil Court by its order dated 19.03.2020 has

rejected the respondent's applications (I.A.No.I) in both the

suits under Order XXXIX Rule 1 and 2 of CPC, while allowing

the petitioner's applications (I.A.No.II) under Order XXXIX

Rule 4 of CPC. In the appeals filed by the respondent in

M.A.No.43/2020 and M.A.No.44/2020 on the file of the VI

Additional Senior Civil Judge, Bengaluru Rural District,

Bengaluru (for short, 'the appellate Court'), the civil Court's

orders dated 13.10.2020 in both the suits are set aside and

the respondent's corresponding applications (I.A.No.1) are

allowed restraining the petitioner from causing any damage or

interfering with the respondent9s peaceful possession and

enjoyment of the aforesaid properties. As such, the petitioner

has filed these petitions impugning the appellate Court's

separate orders but which are similar.

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3.

The admitted facts are that the petitioner is the

owner of the land measuring 2 acres 28 guntas in Sy.No.39/2

of Kenchanapura Village, and this land is diverted to be put

to residential uses under the provisions of the Karnataka

Land Revenue Act, 1964 (for short, 'the KLR Act'). The

Bengaluru Development Authority (for short, 'the BDA') has

approved formation of a residential layout. The respondent's

husban