CRP NO.377 OF 2015

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

CRP NO. 377 OF 2015 (IO)

BETWEEN:

1.

L.C.ASHOK

SINCE DECEASED BY HIS L.R.S

SMT. HARINAKSHI ASHOK

W/O LATE L.C. ASHOK

AGED ABOUT 64 YEARS

2. SRI. RAMANAND ASHOK

S/O LATE L.C. ASHOK

AGED ABOUT 39 YEARS

3. SMT. ROOPASHREE ASHOK

D/O LATE L.C. ASHOK

AGED ABOUT 40 YEARS

PETITIONERS NO.1 TO 3 ARE

R/AT NO.400, 9^TH MAIN

41^ST CROSS, 5^TH BLOCK

JAYANAGAR BANGALORE-560 041

PETITIONERS NO.1 AND 3 ARE

REPRESENTED BY THEIR GPA HOLDER

PETITIONER NO.2

...PETITIONERS

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

SRI. DR. NANDA KISHORE, ADVOCATE-VC)

AND:

1. SRI. B.SEENAPPA

S/O SRI. DASAPPA

AGED ABOUT 61 YEARS

R/AT BHEEMANA KOPPALU

CRP NO.377 OF 2015

2

KENGERI HOBLI

BANGALORE SOUTH TALUK-560060

2. MR. G. SANDEEP SATHIA

S/O SRI. GAUTHAM

AGED ABOUT 47 YEARS

R/AT NO.54/19, LAKSHMI ROAD

SHANTHINAGAR, BANGALORE-560 027.

… RESPONDENTS

(BY SRI. PRAKASH T. HEBBAR, ADVOCATE FOR R1-PH;

R2-G. SANDEEP SATHIA, SERVED BUT UNREPRESENTED)

THIS CRP IS FILED UNDER SECTION 115 OF CPC.,

AGAINST THE ORDER DATED 30.5.2015 PASSED ON IA NO.2 IN

O.S.NO.1263/2008 ON THE FILE OF THE I ADDL. SENIOR CIVIL

JUDGE,

BANGALORE

RURAL

DISTRICT,

BANGALORE,

DISMISSING THE IA NO.II FILED UNDER ORDER 7 RULE 11 OF

CPC.,

*****

THIS CRP COMING ON FOR FURTHER ARGUMENTS AND

HAVING BEEN RESERVED FOR ORDERS ON 16.08.2021, THIS

DAY, THE COURT PRONOUNCE THE FOLLOWING:

ORDER

1.

The petitioners are the defendants before the

trial Court seeking for setting aside the order

dated

30.05.2015

passed

on

I.A.No.2

in

O.S.No.1263/2008 by the I Additional Senior

Civil Judge, Bengaluru Rural District, Bengaluru.

2.

O.S.No.1263/2008 has been filed seeking for a

declaration that the Plaintiff is the absolute

CRP NO.377 OF 2015

3

owner in lawful possession of suit schedule

property

as

also

permanent

injunction

restraining the defendants or anyone claiming

through or under them from interfering with the

peaceful possession and enjoyment of the suit

schedule property. The suit schedule property

has been identified as 1 acre 12 guntas formed

out of Sy.No.149/6 of Bheemanakuppe Village,

Kengeri Hobli, Bengaluru South Taluk.

3.

The Plaintiff in the said suit has contended that

3.1. The property originally belonged to one

Mylarappa who was the absolute owner

and in lawful possession of the said

property, he having purchased the same

from one Malla S/o. Karilinga in the year

1926. On purchase, the said Mylarappa

was put in possession of the said property

which was also known as ‘Mallanna Hola’.

CRP NO.377 OF 2015

4

3.2. It

is

contended

that

Bheemanakuppe

Village was a Jodi Inam Village, the entire

village was vested with the Government in

the year 1959 pursuant to the notification

issued thereto under the provisions of the

Mysore

(Personal

and

Miscellaneous)

Inams Abolition Act, 1954 free from all

encumbrances.

3.3. On the expiry of Mylarappa his son namely,

Poojari Lingamaraiah made an application

to the Special Deputy Commissioner for

Abolition of Inams for grant of occupancy

rights of the land described as ‘Mallanna

Hola’.

3.4. An enquiry was conducted by the Special

Deputy

Commissioner

for

abolition

of

Inams in Case No.147/1959-60, and he

was granted occupancy right thereto on

01.01.1965. Subsequent to the same,

endorsement has been issued and survey

CRP NO.377 OF 2015

5

was carried out when it was found that the

applicants who had made the application

were in possession of land measuring 1

acre 12 guntas in Sy.No.149 which was

assigned Hissa No.6.

3.5. On that basis it was contended that the

said

Poojari

Lingamaraiah

has

been

granted occupancy right in respect of

Sy.No.149/6 measuring 1 acre 12 guntas.

3.6. That in the grant order the survey number

was erroneously mentioned as Sy.N