IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 35598 OF 2024 (GM-CPC)

BETWEEN:

1. SRI.RUDRAIAH C., S/0 DHARMARAJ, AGED ABOUT 59 YEARS, R/AT No.14, 11^TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560 003.

…PETITIONER (BY SRI NANJA REDDY P. N., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REPTD., BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIKAS SOUDHA, BENGALURU 560 001.

Digitally signed by VINUTHA B S 2. BRUHAT BENGALURU MAHANAGARA PALIKE, Location: REPTD., BY ITS CHIEF COMMISSIONER, High Court of Karnataka N.R.SQUARE, BENGALURU 560 002.

3. KARNATAKA SLUM DEVELOPMENT BOARD, REPRESENTED BY ITS COMMISSIONER, No.55, RISALDAR STREET, SHESHADRIPURAM, BENGALURU -560 020.

…RESPONDENTS (BY SRI NEELAKANTAPPA K.PUJAR, HCGP FOR R1;

SRI K.V. BATHEGOWDA, ADVOCATE FOR R2;

SRI N. MANOHAR, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED IN EX.No.2857/2013 DATED 21/11/2024 (ANN-X) ON THE FILE OF THE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, AS THE SAME IS ILLEGAL AND CONTRARY TO THE JUDGMENT AND DECREE PASSED IN R.A.No.599/1980 DATED 09/12/1982 AND ALSO IN VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

CAV ORDER

Heard Sri P.N. Nanjareddy, learned counsel for the petitioner, Sri Neelakantappa K. Pujar, learned High Court Government Pleader for respondent No.1, Sri K.V. Bathegowda, learned counsel for respondent No.2 and Sri N. Manohar, learned counsel for respondent No.3.

2. This writ petition is filed by the decree holder challenging the order dated 21.11.2024 passed in Ex. No.2857/2013 by the XIX Additional City Civil & Sessions Judge at Bengaluru (for short, ‘the Execution Court’).

3. The petitioner purchased two residential sites from Smt. Lakshmamma. The properties are described as Site Nos.25 and 26, situated at 3rd Cross, Muneshwara Block, Palace Guttahalli, Bengaluru. Prior to the purchase of the sites by the petitioner, the second respondent–BBMP attempted to form a road in the sites in question on 01.12.1977. Aggrieved by the same, Smt. Lakshmamma filed O.S. No.3046/1977 seeking a decree of permanent injunction. The said suit came to be dismissed on

25.06.1979.

3.1 Thereafter, Smt. Lakshmamma filed R.A. No.599/1980. The Appellate Court, by judgment dated 09.12.1982, allowed the appeal and decreed the suit. The said judgment and decree have attained finality. Subsequently, the petitioner purchased the above two sites from Smt. Lakshmamma under a sale deed dated 29.01.1993 and was put in possession of the properties.

3.2 Thereafter, the petitioner filed Execution No.1019/1997 to execute the judgment and decree passed in R.A. No.599/1980. In the said execution proceedings, the second respondent– BBMP filed a memo on 16.06.1999 undertaking to provide an alternative site at Malleshwaram. Based on the said undertaking, the Executing Court closed the execution petition, reserving liberty to the petitioner to initiate fresh execution proceedings in the event the alternative site was not provided.

Accordingly, the execution petition came to be closed on

17.06.1999.

3.3 The second respondent passed a resolution on 27.04.2000 to grant an alternative site. As the undertaking was not complied with, the petitioner issued a legal notice on 26.07.2000 calling upon the second respondent to grant the alternative site. In response, the second respondent, by communication dated 17.08.2000, called upon the petitioner to pay the difference in the amount towards the alternative site. On 27.12.2000, the petitioner submitted a letter agreeing to pay the difference amount for the allotment of the alternative site.

3.4 In the meantime, the third respondent attempted to put up constr