CITY MUNICIPAL COUNCIL, B.H. ROAD, SHIMOGA - 577 201, THROUGH ITS COMMISSIONER, SRI B. JAYANNA, S/O. N. BASAPPA AND OTHERS ETC. ETC. Vs. SRI S. RAJESH KUMAR, S/O. SAJJAN RAJ

JUDGEMENT

(1.) THE petitioner in the above cases is the City Municipality, Shimoga. The private respondents in these writ petitions have filed suit seeking declaration of title in respect of the area supposed to be in their Occupation in Sy.No.26 of Millakatta Extension, Shimoga City. The private respondents contend that they have purchased the sites formed in the said survey number. Per contra, it is the contention of the Municipality that the said survey number belongs to Municipality and Municipality proposes to construct bus stand for public utility. The private respondents apprehending their dispossession nave filed the suit for declaration. The plaintiffs also seek relief of refund of sale consideration from the third respondent who is their vendor. The land is a vacant land as of now.

(2.) THE plaintiffs have sought for temporary injunction against the petitioner during pendency of the suit. The trial court rejected the application. In Misc. Appeal, the District Judge, Shimoga has granted injunction and also passed an order appointing the Commissioner for local inspection and locating the property. The petitioner aggrieved by the order in this Misc. Appeal, has filed these writ petitions.