BANGALORE MAHANAGARA PALIKE Vs. N. K. NEELAKANTACHAR

JUDGEMENT

(1.) This appeal is filed by defendant No.3 challenging the judgment and decree dtd. 21/1/2008, passed by IX Additional City Civil Judge, Bangalore in O.S.No. 4614/1999, whereby the suit filed by the plaintiff is decreed.

(2.) For the sake of convenience, parties are referred to as per their ranking before the trial Court.

(3.) The case of the plaintiff is that that the land bearing Sy.No.18 situated at Marenahally Village, Bangalore measuring 1 acre 34 guntas was proposed to be acquired by the Government for formation of Sarakki Layout. Later, the Government has de-notified the same for the purpose of allotment of sites to unauthorized constructions made by the parties. Accordingly, the layout was formed and the Block Development Officer allotted sites to 79 beneficiaries including the plaintiff. The Block Development Officer has issued Hakku patra to the plaintiff. The same is produced as Ex.P1. It is the further case of the plaintiff that they have also obtained necessary plain sanction from competent authority and constructed a residential house and khatha is also changed in their name. They are in possession of the suit schedule property. On 17/10/1998 and 16/6/1999, Bangalore Mahanagara Palike authorities along with their men attempted to interfere with the peaceful possession and enjoyment of the plaintiff in the suit schedule property. Hence the plaintiff has filed the suit for injunction.