COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY Vs. BYRA REDDY

JUDGEMENT

(1.) Heard Sri.Ravi G.Sabhahit, learned counsel for appellant and Sri.H.R.Ananthakrishnamurthy, learned counsel for respondent Nos.1 to 4.

(2.) The present appeal is filed by BDA which was the first defendant in O.S.No.1123/2002. Another suit in O.S.No.3912/2002 was also filed in respect of the same schedule property as that of O.S.No.1123/2002. However, both the suits were tried by the trial court and a common Judgment came to be passed in respect of both the suits. By a considered Judgment O.S.3912/2002 came to be dismissed and O.S.No.1123/2002 is decreed. As per the decree passed in O.S.No.1123/2002 Smt.B.Heera was restrained by an order of permanent injunction from interfering with the plaintiffs possession in respect of schedule 'A', 'B', 'C', and 'D', properties in O.S.No.1123/2002 in any manner. However, there was no order passed insofar as first defendant in the suit. Same is the grouse of BDA.

(3.) In the mean time it is brought to the notice of this court that Smt.B.Heera had challenged both the decrees arising out of O.S.No.3912/2002 and O.S.No.1123/2002 in RFA No.1159/2005 and RFA No.1176/2005 respectively. For the reasons best known to Smt.B.Heera, she filed a memo on 2/2/2022 seeking to dismiss both the appeals as withdrawn. Therefore as against Smt.B.Heera decree in O.S.No.1123/2002 has become final so also decree in O.S.No.3912/2002.