IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF JUNE 2021

BEFORE

THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD

CIVIL REVISION PETITION NO. 253/2015

BETWEEN :

MANIPAL UNIVERSITY

NO. 14, CENTURY TOWERS

6^TH FLOOR, AIRPORT ROAD

KODIHALLI, HAL II STAGE

BENGALURU 3 560 008.

REPRESENTED BY ITS

POWER OF ATTORNEY HOLDER

SRI P. SATISH PAI

S/O LATE SRI. NARASIMHA PAI

AGED ABOUT 67 YEARS

RESIDING AT NO. 9

ASHWINI, 8^TH MAIN ROAD

RMV EXTENSION

BENGALURU 3 560 080.

... PETITIONER

(BY SRI.ARAVIND KAMATH., SENIOR ADVOCATE FOR

SRI. NIKIT BALA., ADVOCATE)

AND:

1.

SRI RAMANJINAPPA H

S/O LATE HONNURAPPA @ KRISHNAPPA

AGED ABOUT 59 YEARS

RESIDING AT KONGANAGHATTA VILLAGE

KASABA HOBLI

2

DEVANAHALLI TALUK

BANGALORE RURAL DISTRICT

BENGALURU 3 560 110.

REPRESENTED BY HIS POWER OF

ATTORNEY HOLDER M.SHIVAKUMAR

S/O LATE M.S.MAHADEVAIH,

AGED ABOUT 38 YRS,

R/AT 109, H.V.R. LAYOUT,

4^TH MAIN, MAGADI MAIN ROAD,

BENGALURU 3 560 079.

2.

MR JEROME D SILVA

S/O LATE THOMAS D SILVA

AGED ABOUT 45 YEARS

RESIDING AT NO. 91/1

1^ST CROSS, 3^RD MAIN

VYALIKAVAL, BENGALURU 3 560 003.

3.

SMT DEENAMATHI NEMICHAND SALVA

W/O LATE NEMICHAND SALVA

AGED ABOUT 45 YEARS

NO. 545, 3^RD MAIN

6^TH BLOCK, KORAMANGALA

BENGALURU 3 560 034.

4.

SRI NAGARAJU. M

S/O MUNISWAMAPPA

AGED ABOUT 55 YEARS

RESIDING AT AMS LAYOUT

VIDYARANAPURA

BENGALURU 3 560 097.

5.

SRI K. N. YELLAPPA

S/O K. T. NARAYANAPPA

AGED ABOUT 56 YEARS

RESIDING AT MASJID ROAD

K R PURAM, BENGALURU 3 560 036.

3

6.

SRI H. YESHWANTH SHENOY

S/O LATE H. V. SHENOY

AGED ABOUT 41 YEARS

RESIDING AT NO. 35

"CHETANA" ASHWINI LAYOUT

3^RD MAIN ROAD, EJIPURA

KORAMANAGALA

BENGALURU 3 560 047.

RESPONDNET NO. 5 & 6

REPRESENTED BY GPA HOLDER,

SRI. P.SATHISH PAI, S/O LATE P.NARASIMHA PAI,

AGED ABOUT 52 YEARS, NO.1011,

GROUND FLOOR,LAKSHMINARAYAN COMPLEX,

PALACE ROAD, BENGALURU.

7.

SRI D. P. JAYARAMAIAH

S/O LATE S. PUTTANNA

AGED ABOUT 64 YEARS

NO.19, 5^TH MAIN

SIDDIVINAYAKA LAYOUT

VIRUPAKSHAPURA

VIDYARANYAPURA POST

BENGALURU 3 560 097.

8.

SRI N. SRINATH

S/O LATE D. P. NAGARAJ

AGED ABOUT 30 YEARS

RESIDING AT NO. 36

KRISHNAPPA BUILDING

KODIGEHALLI

SAHAKANAGARA POST

BENGALURU 3 560 092.

9.

SMT DIVYA JYOTHI

D/O LATE D. P. NAGARAJ

AGED ABOUT 28 YEARS

RESIDING AT NO. 74, 6^TH CROSS

C/O SAKUNTALAMMA BUILDING

4

MARUTHI NAGAR, BADRAPPA LAYOUT

BENGALURU 3 560 092.

... RESPONDENTS

(BY SRI. S. NAGARAJA., ADVOCATE FOR R1;

NOTICE TO R2 TO R9 HELD SUFFICIENT)

THIS CRP IS FILED UNDER SEC. 115 OF CPC., AGAINST

THE ORDER DATED 05.03.2015 PASSED ON IA NO.12 IN

O.S.NO. 5079/2007 ON THE FILE OF THE 24^TH ADL. CITY CIVIL

& SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE IA

NO.12 FILED UNDER ORDER 7 RULE 11(a) AND 11(d) CPC.

THIS PETITION HAVING BEEN HEARD AND RESERVED ON

11.02.2021

AND

FURTHER

HEARD

AND

RESERVED

ON

07.06.2021 AND COMING ON FOR PRONOUNCEMENT OF

ORDERS THIS DAY, THIS COURT MADE THE FOLLOWING:

O R D E R

The ninth defendant in OS No. 5079/2007 on the file of

the XXIV Additional City Civil and Sessions Judge, Bengaluru

(CCH No. 6) (for short, 8the Civil Court9) has filed this petition

calling in question the order dated 05.03.2015. The suit in

OS No.5079/2007 is filed by the first respondent for

declaration that he is the absolute owner of the land

measuring 6 acres and 11 guntas in Survey No.8 of

Govindapura Village, Yelahanka Hobli, Bangalore North Taluk

(for easy reference, 8the subject property9) and for declaration

5

that the sale deeds dated 10.05.1986 and 06.09.1988 are

non-est. The petitioner, who is subsequently impleaded as

the ninth defendant along with other defendants, has filed

application under Order VII rule 11(a) and (d) of the Code of

Civil Procedure, 1908 (for short, 8CPC9) for rejection of the

plaint, and the Civil Court by the impugned order dated

05.03.2015 has rejected the application.

2.

The parties to the proceedings, f