G.N.R. BABU Vs. B.C. MUTHAPPA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, who is the original first defendant, has taken an exception to the judgment and order dtd. 22/3/2016 passed by the High Court of Karnataka in an appeal being R.F.A.No.494 of 2016 preferred under Sec. 96 of the Code of Civil Procedure, 1908 (for short 'CPC').

(3.) The first respondent who is the original plaintiff, filed a suit in the City Civil Court at Bangalore (now Bengaluru) for a declaration that he was the absolute owner of the property subject matter of the suit comprising of Site No.28 at BTM Layout, Bangalore. Site No.28, according to the first respondent, consisted of lands bearing survey nos.56, 57 and 60 of Bilkenahalli Village and survey nos.61, 71 and 72 of N.S. Palya Village, Bangalore South Taluk, Bangalore. Site No.28 is hereinafter referred as "the suit property". Apart from claiming a declaration of ownership, the first respondent contended that a structure erected by the appellant on the suit property was illegal and therefore, a decree was sought for removal of the structure. The other two respondents in this appeal were the second and third defendants respectively. The learned Judge of the City Civil Court at Bangalore, by his judgment and order dtd. 19/9/2015, passed a declaratory decree by declaring the first respondent as the owner of the suit property. A decree was also passed directing the appellant and the second respondent to remove the structure on the suit property. The appellant and the second respondent were also restrained by a decree of perpetual injunction from entering in the suit property and from interfering with the peaceful possession and enjoyment thereof by first respondent. In paragraph 20 of the said judgment, the learned trial Judge observed that the appellant and second respondent did not appear despite the service of summons and did not contest the suit. By the impugned judgment and order, the High Court confirmed the decree on merits.