1

IN THE HIGH COURT OF KARNATAKA BENGALURU

DATED THIS THE 20^th DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MS. JUSTICE JYOTI MULIMANI

REGULAR FIRST APPEAL NO.1685 OF 2014 (INJ)

BETWEEN:

THE COMMISSIONER,

BRUHAT BANGALORE MAHANAGARA PALIKE,

N.R.SQUARE,

BANGALORE - 560 002.

… APPELLANT

(BY SRI.N.R.JAGADEESWARA, ADVOCATE)

AND:

1.

SMT.PRABHA,

W/O D.VENKATESH MURTHY,

AGED 48 YEARS.

2.

D.VENKATESH MURTHY,

S/O LATE DEVAPPA,

AGED 55 YEARS,

BOTH ARE R/O NO.20/8,

BSK 2^ND STAGE,

KADIRENAHALLI CIRCLE,

BANGALORE - 560 070.

… RESPONDENTS

(BY SRI.M.M.SWAMY, ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 OF CIVIL

PROCEDURE CODE, 1908.

2

THIS RFA HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT, COMING ON FOR PRONOUNCEMENT OF JUDGMENT

THIS DAY, THIS COURT DELIVERED THE FOLLOWING:

JUDGMENT

Sri.Jagadeeswara.N.R learned counsel for appellant

and Sri.M.M.Swamy learned counsel for respondents No.1

and 2 have appeared through video conferencing.

2.

This is an appeal from the Court of XIII

Additional City Civil and Sessions Judge, Mayo Hall Unit,

Bangalore.

3.

For the sake of convenience, the parties are