IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^th DAY OF APRIL, 2019

BEFORE

THE HON'BLE MR. JUSTICE B. VEERAPPA

WRIT PETITION NO.40838 OF 2017 (GM - CPC)

BETWEEN:

Venkatesh.V

S/o Venkatswamappa,

Aged about 50 years,

Residing at Kannuramma Temple Road,

RMV II Stage,

Bengaluru – 560 004.

... Petitioner

(By Sri.Vishwanath.N, Advocate)

AND:

The Commissioner

Bengaluru Water Supply &

Sewerage Board,

Cauvery Bhavan,

Kempegowda Road,

Bengaluru – 560 009.

… Respondent

(By Sri.M.Narayanappa, Advocate)

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This writ petition is filed under Article 227 of the

Constitution of India praying to quash the impugned order

dated 17.04.2017 on I.A.No.6 in O.S.No.8194/2012 on the

file of XI Additional City Civil and Sessions Judge,

Bengaluru vide Annexure-E to the writ petition.

This writ petition coming on for Orders this day, the

Court made the following:

ORDER

The petitioner-plaintiff filed the present writ petition

against the order dated 17.04.2017 on I.A.No.6 passed by

XI Additional City Civil and Sessions Judge, Bengaluru

made in O.S.No.8194/2012 rejecting the application for

amendment, filed by plaintiff under Order VI Rule 17 of

Code of Civil Procedure.

2.

The petitioner-plaintiff filed suit for permanent

injunction in respect of the suit schedule property

contending that the plaintiff is the owner in possession and

enjoyment of suit schedule property more fully described in

schedule to the plaint under the registered sale deed dated

20/30.07.1931. The defendant authority who had no right,

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title and interest in the property came to the suit schedule

property at the instance of third party tried to dig up

schedule

land

without

intimation

to

the

plaintiff.

Therefore, the plaintiff filed suit for the relief prayed for.

The defendant filed the written statement and denied the

plaint averments and contended that in the suit schedule

property a road was formed long back and same is used by

the public and also the defendant laid the sanitary pipe line

on one edge of the road which connects Devinagar to

Kannuramma Layout before institution of the said suit.

Further, BESCOM authorities have already laid the

electrical power cables and the public are making use of

this road. The defendant is a statutory authority has not

involved in any activities as alleged and sought for

dismissal of the suit.

3.

When the mater was posted for plaintiff’s

evidence, at that stage, the plaintiff filed application under

under Order VI Rule 17 of Code of Civil Procedure to amend

para 5(a) of the plaint to the effect that the property

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originally

belonged

to

grand

father

Sri.Doddamuni-

venkatappa who purchased under the registered sale deed

dated 20/30.07.1931 and enjoying the suit schedule

property. Either the BBMP or the defendant BWSSB or any

other authority had not acquired the suit schedule property

for formation of the road or laying water pipe line etc. and

no acquistion notice is received by the plaintiff. Inspite of

granting temporary injunction against the defendant, the

defendant has digged the suit schedule property and laid

water pipe line in the said property, therefore, it has

necessiated for the plaintiff to seek ownership of the suit

schedule property. The said application was resisted by the

defendant by filing objections and contended that the

application is not maintainable since the defendant already

laid sanitary pipe line on one edge of the road which

connects

Devinagar

to

Kannuramma

Layout

before

institution of the suit and has not voilated the interim order

passed by the Court below and has not disobeyed or

disrespected the order of the trial Court and sought for

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dismissal of the application. The trial Court considering

the application and objections by impugned order dated

17.04.2017 has