IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 04^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

CIVIL REVISION PETITION No.52 OF 2020

BETWEEN: S A RAZAK

AGED ABOUT 55 YEARS,

S/O SYED HUSSAIN

RESIDING AT HOUSE LIST

NO.28/5J, “JAYAMMA BUILDING”,

1^ST FLOOR, NEAR OLD POLICE LANE

‘A’ CROSS ROAD, EARLIER KNOWN

AS NANJA REDDY COLONY, HAL POST,

BENGALURU 560 017,

REPRESENTED BY SPECIAL POWER ATTORNEY

HOLDER MR.NAWAZ

S/O MUNNAR. …PETITIONER

(BY MS.ADITI FOR SRI SAMPATH A, ADVOCATES)

Digitally

AND:

signed by

MALATESH

K C 1. SMT SAROJAMMA

AGED ABOUT 63 YEARS,

Location:

HIGH W/O LATE R.ABBAIAH REDDY

COURT OF

KARNATAKA 2. A. JAGADEESH

AGED ABOUT 50 YEARS,

S/O LATE R.ABBAIAH REDDY,

3. A VIMALA

AGED ABOUT 51 YEARS,

D/O LATE R.ABBAIAH REDDY,

4. A JYOTHI AGED ABOUT 53 YEARS, D/O LATE R.ABBAIAH REDDY, RESPONDENTS NO.1 TO 4 ARE RESIDING AT NO.108, KODIHALLI VARTHUR HOBLI, H.A.SANITARY BOARD AREA INDIRANAGAR (POST), BANGALORE-560038.

5. R JAYAMMA AGED ABOUT 79 YEARS, W/O LATE VENKATARAMANA REDDY, RESIDING AT NO.102, RAMAIAH COMPOUND, KODIHALLI, INDIRANAGAR, BANGALORE-560 038

6. A R VIJAYARAGHAVA REDDY AGED ABOUT 63 YEARS, S/O LATE M.RAMAIAH REDDY, RESIDING AT NO.108, KODIHALLI, VARTHUR HOBLI, H.A.SANITARY BOARD AREA, INDIRANAGAR POST, BANGALORE-560 038 …RESPONDENTS (BY SRI M.B.RAVI KUMAR, ADVOCATE FOR R1 TO R4;

SRI ASHOK B. PATIL, ADVOCATE FOR R6;

VIDE ORDER DATED 16.12.2020, NOTICE TO R5 IS HELD SUFFICIENT AND PLACED EXPARTE;

VIDE ORDER DATED 22.06.2024, R5 IS DEAD AND BRINGING LRS WOULD NOT ARISE)

THIS CRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 17.11.2018 PASSED IN O.S.NO.2149/2006 ON THE FILE OF THE XLIV ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU DISMISSING THE SUIT FOR POSSESSION AND INJUNCTION.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Ms.Aditi, Advocate for Sri Sampath A, learned counsel for the petitioner.

2. Unsuccessful plaintiff is the revision petitioner whose suit in O.S No.2149/2006 on the file of the XLIV Additional City Civil and Sessions Judge, Bengaluru, filed under Section 6 of the Specific Relief Act came to be dismissed.

3. Validity of the said judgment of dismissal of the suit is called in question in this revision petition.

4. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:

Revision Petitioner/plaintiff filed a suit contending that plaintiff was in possession of the portion of the property bearing district No.28/5/J carved out of Sy.No.84/2 Jayamma Building, Nanjareddy Colony, comprising of a hall, room and a kitchen in total measuring 3 squares within the boundaries mentioned in the schedule to the plaint, morefully described hereunder and hereinafter referred to as the ‘suit property’.

“All that piece and parcel of first portion of property bearing District 28/5/J, carved out of Sy.No.84/2, Jayamma Building, Nanjareddy Colony, Old Police lane, A Cross Road, HAL Post, Bengaluru-560 017, comprising of a hall, room, kitchen and hall measuring three (3) square and bounded on:

East by: Portion of the same property in occupation of tenants.

West by: Stair Case, North by: Smt.Balamma’s property, South by: Vacant space and thereafter ACC sheet houses belonging to 5^th defendant.”

5. It is the contention of the plaintiff that the defendants, in the guise of executing the eviction decree obtained against Jayaram Adyantha, wrongfully dispossessed the petitioner/ plaintiff from the suit property and therefore suit under Section

6 of the Specific Relief Act came to be filed.

6. Suit, on due contest came to be dismissed.

7. Learned Trial Judge while dismissing the suit of the revision petitioner in O.S.No.2149/2006 by the judgment dated 17.11.2018 has supplied adequate reasons for dismissing the suit and has noted that plaintiff was not in possession of the property nor the defendants have evicted the plaintiff in the guise of executing the decree passed