RAVISH AND ANR Vs. SMT. R. BHARATHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred against the judgment of the High Court of Karnataka at Bengaluru dated 20.07.2015 in and by which the High Court dismissed the Regular First Appeal No.522 of 2015 granting liberty to the appellants/defendants to institute independent proceedings and establish their claim in an appropriate suit.

(3.) Briefly stated, case of the respondent/plaintiff as per the averments in the plaint is as follows:- Respondent/plaintiff filed the suit bearing OS No.4376 of 2014 for permanent injunction claiming that she is the absolute owner of the site bearing No.1077/21. Case of the respondent/plaintiff is that the said site came to be allotted in her name by Vishwabharathi House Building Co-operative Society (for short 'VHBC Society') by way of allotment letter dated 02.08.2004. Pursuant to the issuance of site allotment letter dated 02.08.2004, VHBC Society executed sale deed dated 06.12.2004 in favour of the respondent/plaintiff which came to be registered on 09.12.2004. Respondent/plaintiff states that the VHBC Society had issued possession certificate dated 10.01.2005 in her name. Further case of the respondent/plaintiff is that as there was dispute amongst the members regarding allotment of sites, some members of the VHBC Society filed a writ petition against VHBC Society and in the said writ petition vide order dated 16.11.2010, the High Court stipulated certain guidelines to be followed by VHBC Society for allotment of sites to the members. Pursuant to the direction of the High Court, VHBC Society issued a paper publication calling upon its members to produce the documents pertaining to the seniority and eligibility of its members for allotment of sites in the layout formed by VHBC Society as per the new Bangalore Development Authority(BDA) layout plan.The respondent/plaintiff states that VHBC Society issued a fresh allotment letter dated 14.06.2013 allotting a new Site No.4307 measuring 139.40 sq. mtrs. in Phase-IV of VHBC Society layout which was approved by BDA. Further case of the respondent/plaintiff is that subsequent to the issuance of the said allotment letter dated 14.06.2013, a supplement deed dated 30.08.2013 came to be executed in favour of the respondent/plaintiff for the said Site bearing No.4307. Possession of the said site is also said to have been given to the plaintiff for the new Site No.4307 with the possession certificate dated 19.11.201 Claiming that she is the owner of the said Site No.4307 and alleging that the appellants/defendants are trying to interfere with her possession, respondent/plaintiff filed the suit bearing OS No.4376 of 2014 for permanent injunction before the XVII Additional City Civil and Sessions Judge, Bengaluru.