DASARA POMPAPATHI Vs. DASARA THIMMAPPA

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the impugned order dated 27.10.2017 in the original suit in O.S. No.320/2014 on the file of the First Additional Senior Civil Judge, Ballari (for short, 'the Civil Court').

(2.) This appeal is by the plaintiffs in the aforesaid suit being aggrieved by the Civil Court's impugned order rejecting the plaint on the ground of maintainability while deciding on the additional issue even before the trial is commenced. The additional issue reads, whether the suit for declaration of title and the counter claim by the second and third respondents could be maintained in view of the undisputed fact that the subject property is notified for acquisition. The Civil Court considering this additional issue, has concluded that the suit would not be maintainable in view of the decision of the Hon'ble Supreme Court in Commissioner, Bangalore Development Authority and another vs. Brijesh Reddy and another,2013 2 AllKR 714.

(3.) The common submission by the learned counsel for the parties is that neither the appellants nor the contesting respondents dispute the acquisition, and the only question, given the suit claim and the counter claim is, who would be entitled for the compensation payable by the acquiring body, the fourth respondent. The suit is commenced even before the finalization of the acquisition proceedings. Further, the learned counsel draws the attention of this Court to earlier decision of this Court, including the decision in R.F.A. No.100032/2017, where this Court, in similar circumstances, has set aside the order of dismissal of the suit on the ground of maintainability and has restored the suit for adjudication on merits.