IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF JULY 2018

BEFORE

THE HON’BLE MR.JUSTICE S.G.PANDIT

WRIT PETITION NO.37656 OF 2015 (GM-CPC)

BETWEEN:

G. KOLU SHANTHAPPA

AGED ABOUT 74 YEARS

S/O. LATE CHANNABASAPPA PATIL

NOW RESIDING AT NO.15, 8^TH MAIN

4^TH CROSS, NAVODAYANAGARA

7^TH PHASE, J.P.NAGAR

BANGALORE-560 076.

… PETITIONER

(BY SRI.B.N.ANANTHA NARAYANA, ADV.)

AND:

1. N.H.DODDABASAPPA

AGED ABOUT 70 YEARS

S/O HANUMANTHAPPA

R/O.SIDDALINGA KRUPA

8^TH MAIN, 3^RD CROSS

ASHOKNAGAR

TUMKUR-572 101.

2. M.G.JAYADEVAPPA

AGED ABOUT 67 YEARS

S/O. M.C. BASAPPA GOWDA

RETD. JUNIOR COLLEGE PRINCIPAL

R/O. DOUBLE TEMPLE,

2

VINOBANAGAR

SHIMOGA-577 204.

3. SMT. PANKAJA

MAJOR

W/O. A.E.CHANDRASHEKARAPPA

R/O.SIDDALINGESHWARA KRUPA

RAJENDRANAGARA

SHIMOGA-577 201.

4. S.V.CHANDRASHEKARA SETTY

MAJOR

S/O. VENKATARAMA SETTY

R/O. DOUBLE PARALLEL ROAD

NEAR SHIVA TEMPLE, VINOBANAGARA

SHIMOGA-577 204.

5. THE COMMISSIONER

SHIMOGA CITY CORPORATION

SHIMOGA-577 201.

6. THE COMMISSIONER

SHIMOGA URBAN DEVELOPMENT

VINOBANAGARA

SHIMOGA-577 204.

… RESPONDENTS

(BY SMT. P.C.SUNITHA, ADV. FOR R1.

SRI. R.V.JAYAPRAKASH, ADV. FOR R2.

SRI. ASHWIN S. HALADY, ADV. FOR R5

R3 IS SERVED THROUGH COURT NOTICE

R4 –NOTICE D/W R6 IS SERVED.)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE

AND QUASH THE ORDER DATED 12.8.2015 PASSED IN

O.S.NO.3/1996 ON THE FILE OF THE COURT OF THE II

ADDITIONAL

SENIOR

CIVIL

JUDGE,

SHIMOGA

IN

3

APPOINTING SURVEYOR ATTACHED TO THE OFFICE OF

THE CMC, SHIMOGA, NOW SHIMOGA CITY CORPORATION,

SHIMOGA VIDE ANNEXURE-G. AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

Petitioner

being

aggrieved

by

the

order

dated

12-08-2015 in O.S.No.3/1996 on the file of the II Additional

Senior Civil Judge, Shimoga is before this Court under Article

227 of the Constitution of India.

2.

Petitioner is defendant No.1 and respondent No.1 is

plaintiff

and

other

respondents

are

co-defendants

in

O.S.No.3/1996 which is filed for declaration declaring that

the plaintiff is the owner of AXONDL portion at Annexure-A to

the plaint, measuring 33 feet East to West and 60 feet North

to South which is referred as suit schedule property and for

consequential reliefs. The said suit came to be dismissed by

judgment and decree dated 22-04-2010 against which, the

plaintiff filed R.A.No.171/2010 before the II Additional

4

District and Sessions Judge, Shimoga. The Appellate Court

by its order dated 29-08-2013 remanded the matter to the

trial Court with the following directions:

“(1) The plaintiff shall array all the owners of

Site No.1 and 4 to 9 as Defendants;

(2)

The

plaintiff

shall

also

array

City

Municipal Council, Shimoga and Shimoga Urban

Development

Authority

as

parties

to

the

proceedings;

(3) The City Municipal Council, Shimoga and

Shimoga

Urban

Development

Authority

shall

produce records, layout plans with measurement of

every site, road and Site No.1 to 9, road situated to

the South-West of the Site No.1 and triangle piece of

Municipality area which is situated on South-West

of Site No.1;

(4) After appearance of owners of Site No.1

and 4 to 9, City Municipal Council, Shimoga and

Shimoga Urban Development Authority, they have

to file written statement, if any, within stipulated

time and permitted them to lead evidence, if any;

5

(5)

Then

the

lower

Court

shall

issue

commission warrant with a direction to measure

sites from North-East, i.e., Site No.9, 8, 7, 6, 5, 4, 3,

2, 1; road; triangle piece and draw the sketch with

proper measurement, then measure the trial piece,

road situated between triangle piece and Site No.1,

then measure the Site No.1, 2, 3, 4