LAWS(KAR)-2011-11-268

ANTHONYSWAMY Vs. COFFEE BOARD EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY COFFEE BOARD BUILDING DR AMBEDKAR ROAD, BANGALORE, BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE BY ITS COMMISSIONER AND BANGALORE DEVELOPMENT AUTHORITY CHOW

Decided On November 03, 2011
ANTHONYSWAMY Appellant
V/S
Coffee Board Employees House Building Co -Operative Society Coffee Board Building Dr Ambedkar Road, Bangalore, Bruhath Bangalore Mahanagara Palike N R Square, Bangalore By Its Commissioner And Bangalore Development Authority Chow Respondents

JUDGEMENT

(1.) RFA 580/2011 is by defendants 1, 26, 4 and 5 in OS 8209/2005 and RFA 581/2011 is by the plaintiffs in OS 17515/2004 challenging the judgment and decree passed by the trial court dismissing the suit of the plaintiffs in OS 17515/2004 and decreeing the suit of the plaintiffs in OS 8209/2005 against defendants 1 and 2.

(2.) HEARD the counsel representing the parties.

(3.) SOON alter the Bangalore Development Authority was brought on record, it is found to an extent of 54 acres or so, approval has been granted to the Coffee Board House Building Society to form a layout and for the remaining property, the Society has submitted a plan and other necessary records and was awaiting approval by the BDA. Meanwhile, it appears, the Society has also taken step: -; to allot sites in the area although no approval has been granted either for allotment of sites or for development. The dispute raised by the appellants is, they are in possession and the property has not been notified for acquisition.