IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 55444 OF 2015 (LB-BMP)

BETWEEN:

SRI KANTHILAL S/O LATE SRI. CHAMPALAL AGED ABOUT 75 YEARS R/AT NO.459, SAMPIGE ROAD MALLESHWARAM BANGALORE-560 003.

…PETITIONER (BY SRI. PARAS JAIN, ADVOCATE)

AND:

1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU.

Digitally signed by 2. SRI. PURUSHOTHAM SUMA S/O LATE MUNIYAPPA Location:

SINCE DECEASED, REPRESENTED HIGH COURT OF BY HIS LRs KARNATAKA

2(A) SMT. KOMLAMMA W/O LATE SRI. PURUSHOTHAM AGED ABOUT 60 YEARS R/AT NO.14, 1^ST MAIN ROAD

3^RD CROSS PADARAYANAPURA BANGALORE-560 026.

2(B) SRI. P. PRASHANTH S/O LATE PURUSHOTHAMA AGED ABOUT 38 YEARS R/AT NO.14, 1^ST MAIN ROAD

3^RD CROSS PADARAYANAPURA BANGALORE-560 026.

(ALREADY ON RECORD AS R-3)

2(C) SRI. DAYANAND S/O LATE PURUSHOTHAMA AGED ABOUT 34 YEARS R/AT NO.14, 1^ST MAIN ROAD

3^RD CROSS PADARAYANAPURA BANGALORE-560 026.

3. SRI. P. PRASHANTH S/O PURUSHOTHAMA AGED ABOUT 33 YEARS R/AT NO.14, 1^ST MAIN ROAD3^RD CROSS, PADARAYANAPURA BANGALORE-560 026.

…RESPONDENTS (BY SRI. SANJEEV .B.L, ADVOCATE FOR R1;

SRI. NISHANTH .A.V, ADVOCATE FOR R2(B) AND R3 VIDE ORDER DATED 02.01.2023 NOTICE TO R2 (A AND C) IS HELD SUFFICIENT)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 BBMP TO, NOT TO ACT CONTRARY TO SECTION 114 OF THE KARNATAKA MUNICIPAL CORPORATION ACT, 1976, DIRECT R-1 BBMP TO GIVE AN OPPORTUNITY OF BEING HEARD TO THE PETITIONER, BEFORE CONSIDERING THE APPLICATION FILED BY RESPONDENT NO.3 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has sought for the following reliefs:

"i. prays that respondent-1 BBMP may be directed to not to act contrary to section 114 of the Karnataka Municipal Corporation Act, 1976:

ii. and further prays that respondent-1 BBMP may be directed to give an opportunity of being heard to the petitioner, before considering the application filed by the respondent-3,:

iii. and further prays that Respondent-1 BBMP may be directed to reject the application filed by the respondent- 3 for transfer of Khatha of the property bearing Municipal Corporation No.46, (old No.552), located at 9^th Main, 18^th Cross, M.R.C.R. Layout, Govindraj Nagar, Bangalore - 560040, measuring 35 +60/2 x 50 + 55/2, since 1986, as they have no right, title or interest over the said property:

iv. and may be further pleased to issue Writ of Certiorari or such other Order bearing No. interalia quashing the Khatha endorsement DA/W/125/K.T.R/44/15-16 dated 05-03-2016 issued in the name of respondent-3 (Annexure-L) and consequently Khatha Certificate and Khatha Extract issued pursuant to said Khatha endorsement:

v. and further prays that respondent- 2 and 3 who have played fraud on the respondent-1 BBMP, be prosecuted for abuse of process of law, for playing fraud on the City Civil Court, Bangalore, inn obtaining collusive decree by suppressing true facts and documents/material records:"

2. The petitioner claims that the property bearing Municipal Corporation No.46 (old No.552) situated on 9^th Main, 18^th Cross, M.R.C.R. Layout, Govindraj Nagar, Bangalore – 560 040, was brought for auction by the City Civil Court, Bangalore, in Execution Case No.495/1984. The petitioner claims that he was the successful bidder and a sale certificate dated

19.03.1988 was executed and registered.

(ii) In the meanwhile, a lady named Smt.Padma Maiya filed an application in Execution Case No.495/1984 under Order XXI Rule 97 of the Code of Civil Procedure, 1908 (henceforth referred to as 'CPC' for short) to obstruct the further steps in the execution petitioner. The Executing Court allowed the said application in terms of an order dated 04.01.1996. This was then challenged by the petitioner in RFA No.98/1996, which was allowed in terms of an order dated 18.01.1999. The said Sm