MANISH RAO Vs. RAGHAVA REDDY AND ASSOCIATES

JUDGEMENT

(1.) This intra Court appeal arises from the order dtd. 6/9/2018 passed by the learned Single Judge by which the writ petitions viz., W.P.Nos.6201-6204/2015 (LB-BMP) preferred by the respondent Nos.1 to 4 have been allowed and the order dtd. 25/9/2014 passed by the Joint Commissioner, Brihat Bengaluru Mahanagara Palike (hereinafter referred to as 'BBMP' for short) has been quashed. The learned Single Judge has also directed the trial Court to expedite the trial of the suits.

(2.) The facts giving rise to filing of this appeal briefly stated are that respondent Nos.1 to 4 had purchased the property bearing No.8/1 and 8/2 situate at Vasanthnagar Main Road, Bengaluru vide Registered Sale deed dtd. 28/9/2007. The appellant/respondent No.3 filed a civil suit in O.S.No.5905/2009 seeking declaration of title and for cancellation of sale deed dtd. 28/9/2007. In the said civil suit, an order of injunction has been granted in favour of appellant/respondent No.3 restraining respondent Nos.1 to 4 from alienating property in question.

(3.) The appellant/respondent No.3 submitted representation for transfer of Khata of the property in his favour. The aforesaid application was not considered. The appellant/respondent No.3 therefore filed W.P.No.38099/2011 to cancel the Khata. Alternatively, a direction was sought to the BBMP to decide their representation. Learned Single Judge by order dtd. 12/12/2012 directed the BBMP to treat the representation as review petition and to dispose of the matter. The Joint Commissioner, thereafter, by order dtd. 25/9/2014 passed an order revoking the Khata and restoring the Khata in the name of one Sri.Ramabai Krishna Rao. Thereafter, the Additional Revenue Officer of BBMP by order dtd. 6/11/2014 cancelled the Khata that stood in the name of respondent No.1 and restored the Khata in the name of Dr.N.S.Jayanthi.