IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 360 OF 2003 (DEC)

BETWEEN:

R. MUNIRAJU, S/O. LATE SRI. RAMAIAH, NOW AGED ABOUT 52 YEARS, RESIDING AT NO.499, 1^ST MAIN, 2^ND BLOCK, KATHRIGUPPE, BANASHANKARI III STAGE, BANGALORE-560 085.

…APPELLANT (BY SRI. V.B. SHIVAKUMAR, ADVOCATE)

AND:

1. SRI. T. BALAKRISHNAM NAIDU S/O. T. RANGAPPA NAIDU, MAJOR, RESIDING AT NO.18, SY.NO.2, KATHRIGUPPE ROAD, Digitally signed by BANASHANKARI III STAGE, SUMA B N BANGALORE-560 085.

Location:

HIGH COURT OF (a) SMT. PADMAMMA KARNATAKA W/O. LATE SRI. BALAKRISHNAM NAIDU, AGED ABOUT 53 YEARS, (b) MR. GIRI S/O LATE SRI. BALAKRISHNAM NAIDU, AGED ABOUT 36 YEARS, BOTH ARE RESIDING AT NO.18, SY.NO.2, KATHRIGUPPE ROAD, BANASHANKARI III STAGE, BANGALORE-560 085.

(c) SMT. SRIDEVI, D/O LATE SRI. BALAKRISHNAM NAIDU, W/O. SRI. SUBRAMANYA NAIDU, AGED ABOUT 33 YEARS, RESIDING AT NO.116, SAPTAGIRI NILAYA, KEMPEGOWDA EXTENSION, BANASHANKARI III STAGE, BANGALORE-560 085.

3. THE STATE OF KARNATAKA, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001.

4. MUZURAI DEPARTMENT, MARAMMA DEVARU, NO.2, 3 FLOOR, MAHADESHWARA VARTHA BHAVAN, VENKATARAO ROAD, CHAMARAJPET, BANGALORE-560 018.

5. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH PARK, BANGALORE-560 020.

…RESPONDENTS (BY SRI. R. NAGENDRA NAIDU, ADVOCATE FOR R1(A) TO (C);

SRI. OJASWI, ADVOCATE FOR R1(C);

V/O DATED 19.11.2025, NOTICE TO R2 IS HELD SUFFICIENT;

MS. AMARAVATHI H.R., AGA FOR R3 AND 4;

SRI. VENUGOPAL GOWDA. R., ADVOCATE A/W SRI. MURUGESH V.

CHARATI, ADVOCATE FOR R5;

V/O DATED 17.12.2025, R1(B) (1 TO 3) SERVED THROUGH PAPER PUBLICATION.)

THIS RFA IS FILED UNDER SECTION 96(1) OF CPC AGAINST THE JUDGMENT AND DECREE DT. 9.1.03 PASSED IN O.S.NO.955/88 ON THE FILE OF THE IX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, (CCH-2), DISMISSING THE SUIT FOR DECLARATION, POSSESSION, PERMANENT INJUNCTION, MANDATORY INJUNCTION AND PAST AND FUTURE MESNE PROFITS.

THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

This appeal is by the plaintiff in O.S.No.955/1988 being aggrieved by the judgment and decree dated 09.01.2003 on the file of IX Additional City Civil and Sessions Judge, Bengaluru City, by which the suit of the plaintiff for declaration, possession, permanent injunction and for mandatory injunction with future mesne profits, came to be dismissed.

2. Case of the plaintiff is that the suit property is being a site bearing No.18 situated in Vidyapeetanagar Layout forming part of Sy.No.2 of Katriguppa Village, which is now called as Banashankari III Stage, bounded on East by: Property belonging to the plaintiff; West by: Road; North by: Property belonging to the plaintiff and South by: Katraguppa road, measuring East to West 97 feet, Northern side 110 feet and on Southern side, North to South 10 feet on the Eastern side 40 feet on the Western side, absolutely belonged to the plaintiff having purchased the same in terms of deed of sale dated 30.01.1987 along with site Nos.12, 13 and 19 from one Smt.

Bhagavathi Raghavan W/o V.R.V. Raghavan.

3. That the suit property originally was part and parcel of land in Sy.No.2 measuring 2 acres 6 guntas of Katriguppa village, Uttarahalli Hobli. The said land earlier belonged to one K. M. Gopala Reddy, who was the Khatedar having been recognized under the Provisions of Inam Abolitions Act. The said K. M. Gopala Reddy had conveyed the entire property in favour of defendant No.2 under a registered Sale deed dated 28.01.1963. Defendant No.2 had executed power of attorney on 08.05.1963 in favour of her husband H.T.S. Rama Rao, who had formed a residential layout consisting of several sites in the entire extent of 2 acres 6 Guntas of land. Defendant No.2 sold Site Nos. 12, 13 and 19 and the suit property bearing Site No.18 in favour of Smt. Bhagavathi Raghavan, who is the