IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF DECEMBER 2019

BEFORE

THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

R.F.A.No.1435 OF 2014

BETWEEN:

Smt.Rathnamma

W/o K.Muniappa

Aged about 49 years,

R/at Site No.442 (Old No.53),

10^th Cross, Chowdeshwari Nagar,

Bangalore-560 056.

.. Appellant

( By Sri K.Chandrashekar Achar, Advocate )

AND:

Mrs.Zeenathunisa

W/o Late S.M.Latheef Khan,

Aged about 93 years,

R/at.No.G 103,

Old Township, HAL Colony,

Vimanapura City,

Bangalore-560 017.

Since deceased, Rep.by Legal Heirs,

1(a) Sri Anwar Ali Khan,

S/o late S.M.Latheef Khan,

Aged Major,

R/at.No.G 103,

Old Township, HAL Colony,

RFA.No.1435/2014

2

Vimanapura City,

Bengaluru-560 017.

1(b) Zareena,

D/o late S.M.Latheef Khan,

W/o Chowdhari Mazharul Haq,

Aged Major,

R/at.No.G 103,

Old Township, HAL Colony,

Vimanapura City,

Bengaluru-560 017.

.. Respondents

( By Sri V.Anand, Advocate for

C/R & for proposed R-1(b),

Vide order dated 1.3.2017, notice

To R-1(a) is held sufficient)

This Regular First Appeal is filed under Section 96 read

with Order 41 Rule 1 of CPC against the judgment and

decree dated 6.8.2014, passed in O.S.No.6275/2007 on the

file of VII Addl.City Civil & Sessions Judge, Bangalore (CCH-

19), dismissing the suit for declaration and permanent

injunction.

This Regular First Appeal having been heard and

reserved for judgment on 18.12.2019, this day the Court

delivered the following:

JUDGMENT

It is the plaintiff’s appeal. The present appellant as

a plaintiff has instituted a suit against the original

respondent Smt.Zeenathunisa herein for the relief of

perpetual injunction in O.S.No.6275/2007, in the Court

RFA.No.1435/2014

3

of learned VII Addl.City Civil & Sessions Judge,

Bengaluru, (CCH-19), (hereinafter for brevity referred to

as `trial Court’).

2. The summary of the case of the plaintiff in the

trial Court was that she had purchased the suit schedule

property, which is a residential house bearing No.53 and

formed in Survey No.52, Assessment No.52, measuring

50’

x

30’,

and

situated

at

Laggere

Village

of

Yeshwanthpur Hobli, Bengaluru North Taluk, now called

as

Chowdeshwarinagar,

Bengaluru-560053,

on

6.10.2003, from one Sri Gangaiah, represented by his

General

Power

of

Attorney

Holder

Smt.Jayaramachandra. Thereafter, on 1.12.2003, she

constructed a residential building and obtained electrical

connection and other amenities to the property. The

defendant had filed O.S.No.5819/2003, against one

Sri Ramesh E.S. and Smt.K.M.Saraswathi, for the relief

RFA.No.1435/2014

4

of bare injunction with respect to site Nos.53 and 54,

measuring 46’ x 52’ and obtained an ex parte decree on

2.7.2004.

It is the further contention of the plaintiff in the

trial Court that the defendant Smt.Zeenathunisa had

also filed one more suit in O.S.No.16818/2005, against

the

very

same

Sri

Ramesh

E.S.

and

Smt.K.M.Saraswathi,

for

the

relief

of

declaration,

possession and mandatory injunction in respect of both

site Nos.53 and 54 and obtained an ex parte judgment

and decree on 16.1.2007. According to the plaintiff, in

the trial Court both those persons i.e., Sri Ramesh E.S.

and Smt.K.M.Saraswathi were fictitious persons and it

was a collusive suit filed without impleading the plaintiff

who has been in possession of the property. Finally an

Execution Petition No.25074/2007 was filed before the

competent Court and the defendant herein obtained

delivery warrant against the judgment debtors i.e.,

RFA.No.1435/2014

5

Ramesh E.S. and Smt.K.M.Saraswathi. However, on

28.7.2007, the defendant in collusion with the Court

Ameen and taking the police help, approached the

plaintiff in the suit schedule property and threatened

th