B S SUBRAMANI S/O B N SUBRAMAIAH Vs. EXECUTIVE OFFICER TALUK PANCHAYATH YELAHANKA, JALA HOBLI BANGALORE NORTH

JUDGEMENT

(1.) The petitioners are seeking for a declaration that the licence issued by the second respondent dated 05.05.2001 is illegal and is seeking that the same be quashed. The licence is impugned at Annexure-M to the petition.

(2.) The case of the petitioners is that their father late B.N.Subbaramaiah purchased the property bearing House List No.35, Kaneshmari No.306 of Bagalur village, Bangalore North Taluk, measuring 21ft X 75 ft on 27.11.1943. The saguvali chit was issued on 07.01.1944. The father of the petitioners and thereafter the petitioners have been in possession and enjoyment of the same. The property belonging to the respondents No.3 to 5 is situate on the southern side of the petitioners' property. In that regard since they have raised certain issues relating to the measurement, they had filed a suit in O.S.No.631/1981 seeking declaration and injunction in respect of the property bearing Old Khatha Nos.193/1, 193/2 and 194 measuring 39ft X 75ft. The new numbers assigned in that regard are 308, 309 and 310 respectively. The suit came to be dismissed and an appeal in RA No.85/1988 was filed. The appeal was allowed on 12.10.1990. The petitioners being aggrieved by the same preferred an appeal before this Court in RSA No.110/1991. The second appeal was disposed on 10.07.1998 clarifying the decree of the Lower Appellate Court. The sketch submitted by the Taluk Surveyor was taken into consideration and the property of the respondents No.3 to 5 was marked as MNEH measuring 39ft X 75 ft.

(3.) When this was the position, the respondents No.3 to 5 are stated to have filed an application in the disposed of second appeal seeking replacement of the sketch which had been filed earlier by another sketch prepared by a private architect. The said application was allowed and the new plan had been taken on record. The petitioners contend that though that had been done, the body of the judgment had not been modified to change the measurement indicated.