IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF FEBRUARY, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

R.F.A.No.1061/2011

BETWEEN :

SRI V.GOPIKRISHNA REDDY

S/O M.V.REDDY, AGED ABOUT 52 YEARS

PIONEER HOMES, NO.16, 4^TH FLOOR,

4^TH BLOCK, 80 FEET ROAD,

KORAMANGALA, BANGALORE-34

...APPELLANT

(BY SRI P.B.RAJU, ADV.)

AND :

1 .

SRI P.N.SUBRAMANIAH

S/O LATE NARAYANA

AGED ABOUT 54 YEARS

2 .

SRI R.PANNER SELVAM

S/O LATE RAJU

AGED ABOUT 54 YEARS

BOTH ARE R/AT NEW THIPPASANDRA,

BANGALORE-560020

AND OWNERS OF PROPERTY (2/3)

BEARING HASB NO.263,

KAGGADASAPURA VILLAGE

…RESPONDENTS

(BY SRI M.SHIVAPRAKASH, ADV. FOR C/R.)

- 2 -

THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC,

AGAINST THE JUDGMENT AND DECREE DATED 19.01.2011

PASSED IN O.S.No.8153/2006 ON THE FILE OF THE XLIV

ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE,

DECREEING THE SUIT FOR THE EJECTMENT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED ON

21.12.2020,

COMING

ON

FOR

PRONOUNCEMENT

OF

JUDGMENT, THIS DAY, S. SUJATHA, J., DELIVERED THE

FOLLOWING:

J U D G M E N T

This appeal is filed by the defendant challenging

the judgment and decree passed by the Court of City

Civil & Sessions Judge, Bangalore ['Trial Court' for

short] dated 19.1.2011 in O.S.No.8153/2006.

2.

For the sake of convenience, the parties are

referred to as per their status before the Trial Court.

3.

The plaintiffs instituted the suit for the relief

of declaration that the plaintiffs are the joint owners of

2/3^rd

property

described

in

Schedule-B

and

consequently to put the plaintiffs in possession of

Schedule-B property and for permanent injunction

against the defendant and their agents not to interfere

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with the plaintiffs peaceful possession and enjoyment of

Schedule-B property and costs of the proceedings.

4.

The subject matter of the suit is:

Schedule-A is the property described as all that

piece and parcel of property bearing HASB Khatha

No.263, situated at Kaggadasapura village, K.R.Puram,

Bangalore, measuring east to west (99 + 103)2, north to

south 73.6, total 7423.5 sq. ft. bounded on east by

road, west by G.Muniyappa’s property, north by

S.Venkateshwaran’s property, south by Gureddy’s

property.

Schedule-B property described as all that piece

and parcel of the property bearing HASB Khatha No.263

situated

at

Kaggadasapura

village,

K.R.Puram,

Bangalore, southern portion measuring East to West 99,

North to South 49, total 4949 sq. feet. bounded on east

by

road,

west

by

private

property,

north

by

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Gopaikrishna’s (defendant) property, south by private

property.

5.

Plaint averments in brief are as under:

The property bearing Sy.No.62/1 Kaggadasapura

village, H.A.Sanitary Board, K.R.Puram Hobli, presently

assigned with Khatha No.263 of Kaggadasapura village

was

owned

by

one

Sri.

Thimma

Reddy

S/o

Venkataswamy of Kaggadasapura. The said owner

formed residential sites in the property and offered for

sale. The plaintiffs and defendant who were earlier

business partners in construction and development of

properties have joined together and negotiated with

Thimma Reddy to purchase the property. The plaintiffs

and defendant having mobilized the funds equally and

proportionately

paid

the

sale

consideration

of

Rs.2,75,138/- through pay order bearing No.413949

dated 11.10.1995 to Mr. Thimma Reddy who executed

and registered the absolute sale deed in the joint names

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of plaintiffs and defendant under a registered sale deed

dated 12.10.1995. Thus, the plaintiffs and defendant

are joint owners of property bearing Khatha No.263. The

2^nd plaintiff was doing his civil engineering contract

work in developing the properties, it was with an

intention to develop the said property along with the

oth