G CHANNARAYAPPA Vs. LAKSHMI MALLABLES

JUDGEMENT

(1.) Appellants are the Defendants 1 to 4 in the suit/s instituted by the 1st Respondent/Plaintiff. The 2nd Respondent is the 5th Defendant in the suit/s. For convenience, the parties would be referred to with reference to their rank in the suit/s.

(2.) Brief facts of the case are:

(3.) Defendants 1 to 4 filed written statement/s and statement of objections to I.A.II. inter-alia contending that, they are the owners in possession and enjoyment of 2 acres of land in Sy. No. 103 of Nagarabhavi Village, WP 13028/2007 was filed questioning the acquisition of the property, wherein, an interim order dated 25.10.2007 was passed, directing the BDA to maintain status-quo and that the writ petition was allowed on 20.03.2009, by declaring that, the acquisition has lapsed and the allotment made in favour of the Plaintiff (4th Respondent in the writ petition) is void. They also contended that the allotment of sites made by the BDA in favour of the Plaintiff is illegal, void and non-est in the eye of law and that the suit/s for relief of bare injunction, without having a legal right is not maintainable.