SAROJAMMA Vs. R UMADEVI

JUDGEMENT

(1.) The appellant herein has sought setting aside of the order dated 15.01.2013 in Writ Petition No.5653/2009 of learned Single Judge of this Court whereby, the original petition is allowed with necessary directions, after not less than three earlier rounds of civil litigations amongst the parties.

(2.) The original petition was actually voicing grievance against order of the Additional Commissioner, Bruhat Bangalore Mahanagara Palike, who had turned down the petitioner's request for the change of katha (entry) only on account of pendency of one Original Suit No.3609/2005 filed by appellant herein, even as the piece of land in respect of which change of entry was required to be effected was purchased by the petitioner and a sale deed dated 29.03.2000 in that regard had come to be executed by the City Civil Court in Execution Petition No.962/1992 pursuant to a decree passed by the City Civil Court, Bangalore and affirmed by this Court. It was thereafter that the petitioner had made an application for effecting the entry based on the transfers in the record of the Municipal Corporation, by an application dated 30.03.2001. In spite of such undisputed record, the Municipal Corporation had amalgamated several parts of the land and made an amalgamated entry, which was obviously required to be rectified.

(3.) After elaborate consideration of the facts and the role played by the appellant herein in putting the original petitioner to the position of going from pillar to post, as also to the previous order made by this Court in Writ Petition No.15150/2006, the impugned order was made to transfer the katha of Site No.41 to the original petitioner on such terms as are permissible in law. As for the dispute regarding the boundaries of the land in question, it is clarified in the impugned order that respondent No.1 therein has to only satisfy himself that Site No.41 was the same as found in the BDA's (Bangalore Development Authority) approved layout. If he was not in a position to satisfy himself about the same, he is required to transfer the katha showing boundaries as found in the sale deed.