NEW HORIZON EDUCATIONAL AND CULTURAL TRUST vs N. BINDU MOHAN - 2024-02-16

ORDER

Leave granted.

Heard learned counsel for the appellant and the respondent. The State is also represented before us.

The present proceeding arises out of a suit for perpetual injunction in relation to a plot of land comprising 21 Guntas. The respondent had instituted the suit as plaintiff whereas the appellant is the defendant in the suit, which was registered as O.S. No.267/2012 before the XXIX Additional City Civil and Sessions Judge, Bengaluru. The appellant claims to be in occupation of 3 acres and 12 guntas of land in old Sy no.14 at Kadubeesanahalli village, Varthur Habli, Bengaluru East taluk on the basis of a grant from the State government. The plaintiff also claims title over 21 guntas land with compound wall in the same village. She found her claim to title and possession on the basis of a gift deed from her father. It appears that both the parcels of land are adjacent to each other. The dispute between the parties relate to 1 and ½ guntas, over which rival claims are founded. In the suit, however, the respondent has claimed restraint order on any form of interference by the appellant over the suit property. The dispute had reached the High Court at the interlocutory stage. In its order passed on 30.08.2019, the High Court referred to the earlier order in MFA No. 7739 of 2012 wherein it was observed that appointment of an official of the survey department was required for conducting the survey to find out the actual demarcation of the old Survey No. 14 within which the subject-land appears to be situated. The High Court in the impugned order, however, refused to stay further proceedings in the suit until completion of the survey and the writ petition filed by the appellant was dismissed.

Now, the State itself is conducting a survey of the entire land within old Survey No.14. We are of the opinion that such survey ought to be completed. In the suit instituted by the respondent-plaintiff, the State Government shall be added as a defendant. The present appeal is disposed of with this observation. As the State is itself conducting the survey, the survey conducted earlier as per the order of the Trial Court shall be kept in abeyance and the State’s survey report shall be placed before the Trial Court. If any of the parties has any objection to the report of the survey conducted by the State, such dispute shall be examined by the Trial Court. The order of the High Court shall stand modified to the above extent. The Trial Court shall not proceed further in the pending suit solely on the basis of the Court Commissioner’s report and wait for the report of the State Survey. But until further order of the Trial Court, possession over the respective properties of the parties as it stands today, shall be maintained.

It is needless to add that the report of the survey conducted by the State and the demarcation made in the course of such survey shall be considered by the Trial Court before passing the decree.

Pending application(s), if any, shall also stand disposed of.

…………………………………………………...J.

[ANIRUDDHA BOSE]

…………………………………………………...J.

[SANJAY KUMAR]

NEW DELHI;

FEBRUARY 16, 2024.

ITEM NO.57 COURT NO.5 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No. 10228/2023

(Arising out of impugned final judgment and order dated 12-04-2023 in WP No. 7338/2023 passed by the High Court Of Karnataka At Bengaluru)

NEW HORIZON EDUCATIONAL AND CULTURAL TRUST Petitioner(s)

VERSUS N. BINDU MOHAN & ANR. Respondent(s)

(IA No. 137141/2023 - EXEMPTION FROM FILING O.T. IA No. 101318/2023 - EXEMPTION FROM FILING O.T.)

Date : 16-02-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Shailesh Madiyal, Sr. Adv.

Mr. Mahesh Thakur, AOR Mr. Vaibhav Sabharwal, Adv.

Mr. Ranvijay Singh Chandel, Adv.

Mr. Shivamm Sharrma, Adv.

Mrs. Geetanjali Bedi, Adv.

Mr. Manan Popli, Adv.

Ms. Nupur Sharma, Adv.

Mr. Amit Kumar, Adv.

Mr. Mohit Bansal, Adv.

For Respondent(s) Mr. P. R. Ramasesh, Adv.

Mr. Abdul Azeem Kalebudde, AOR Mr. D. L. Chidananda, AOR UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The present appeal is disposed of in terms of the signed order which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(SNEHA DAS) (VIDYA NEGI)

SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR