IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 712 OF 2009 (INJ)

BETWEEN:

1. KASIMSAB S/O PAKROOSAB SINCE DECEASED BY HIS LRS

1(a) NAJIBUNISA W/O LATE KASIMSAB AGED ABOUT 72 YEARS

1(b) RIZBBAN S/O LATE KASIMSAB AGED ABOUT 45 YEARS

1(c) ROSHAN S/O LATE KASIMSAB AGED ABOUT 42 YEARS D igitally 1(d) RESHMA signed by SUMA B N W/O SHAFIULLA, AGED ABOUT 37 YEARS Location: R/AT AT BOMMANAHALLI HIGH MANGANA PALYA COURT OF BENGALURU.

KARNATAKA

1(e) AISHA W/O NIZAM AGED ABOUT 32 YEARS R/AT AT BOMMANAHALLI MANGANA PALYA BENGALURU.

1-a, TO 1-e ARE ALL R/AT NO.40, BYRASANDRA TANK AREA

4^TH BLOCK, JAYANAGAR EAST BANGALORE - 560 041.

GHAZIKHAN SINCE DECEASED BY HIS LRS

2 SMT. BEGUM JAN W/O LATE GHAZIKHAN AGED ABOUT 42 YEARS

3. SHRI SHAFIULLA KHAN S/O LATE GHAZIKHAN AGED ABOUT 47 YEARS 4. SHRI ALLA BAKSH S/O LATE GHAZIKHAN AGED ABOUT 42 YEARS

5. SHRI WAHEB PASHA S/O LATE GHAZIKHAN AGED ABOUT 37 YEARS APPELLANT NO.2 IS THE WIFE AND APPELLANTS NO.3 TO 5 ARE ALL CHILDREN OF LATE GHAZIKHAN ALL ARE R/AT NO. 40, SWAGATH ROAD, TILAKNAGAR, BANGALORE - 560 041. 6. SMT AKTHAR JAN, D/O LATE GHAZIKHAN AGED ABOUT 44 YEARS R/O NO.141, BYRASANDRA TANK BUNDAREA, 4^TH BLOCK, JAYANAGAR EAST BANGALORE - 560 041.

…APPELLANTS (BY SRI. SUHAIB FAZEEL MADAR., ADVOCATE FOR A1 (A TO E)

& A2 TO A6)

AND:

1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BELLARY ROAD, BANGALORE.

SMT. CHOTIMA SINCE DECEASED BY HIS LRS

2(a) SRI. MOHD. ANWAR AGED ABOUT 49 YEARS

2(b) SRI. MOHD. KHALEEL AGED ABOUT 39 YEARS 2(c) SMT. SHAHATHAJ W/O SRI. AHMED PASHA AGED ABOUT 46 YEARS

2(d) SMT. SHABANA W/O SRI. AHMED PASHA AGED ABOUT 43 YEARS

2(e) SMT. MUBEENA W/O SRI. AWEBA AGED ABOUT 41 YEARS ALL ARE CHILDREN OF LATE SMT. CHOTIMA AND LATE SRI. BASHA ALL ARE R/AT NO.40 BYRASANDRA TANK BUND ROAD, 4^TH BLOCK JAYANAGAR EAST BENGALURU - 560 041.

…RESPONDENTS (BY SRI. AJAY KUMAR M.,ADVOCATE FOR R1;

SRI. R.B. SADASHIVAPPA., ADVOCATE FOR LRS OF R2)

THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED30.05.2009 PASSED IN OS.NO.7830/1997 ON THE FILE OF THE XXVII ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR PERMANENT INJUNCTION.

THIS APPEAL, COMING ON FOR 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 defendant Nos.2 and 3 being aggrieved by the judgment and decree dated 30.05.2009 passed in O.S.No.7830/1997 on the file of XXVII Additional City Civil Judge, Bangalore, (hereinafter referred to as the Trial Court) in and by which, the trial Court has decreed the suit directing the defendant No.1/BDA to issue possession certificate and to execute lease-cum-sale agreement in respect of suit schedule property in favour of plaintiff as prayed for, by collecting the required stamp duty from her. It has further restrained the defendant No.1 from allotting the suit property or any portion thereof in favour of anyone.

2. Subject matter of the suit property is Site No.40, BTB area, IV East Jayanagar Block, bounded on:

East by : Site No.41 West by : Site No.39 North by : Private Property South by : Road measuring East to West 20 feet and North to South

30 feet.

3. Above suit is filed by plaintiff one Chotima, w/o late Basha contending that her husband late Basha was allotted a site bearing No.174, 4^th 'T' Block, Byrasandra Tank Bund Area, Jayanagar Extension, Bangalore by erstwhile City Improvement Trust Board (for short CITB) vide its resolution No.762 dated 12.02.1969. On receipt of the intimation of allotment husband of the plaintiff had deposited a sum of Rs.167/- with the then CITB on 20.06.1969. Thereafter, husband of the plaintiff deposited balance value of Rs.470/- on 24.07.1978. That the aforesaid site was situated in a slum area and there was a confusion with regard to allotment of sites, as site bearing No.174 which was allotted to the husband of the plaintiff was occupied by some other slum dwellers. As such, the hu