PUTTAMMA Vs. NANJUNDAIAH

JUDGEMENT

(1.) This Writ Petition is filed by the defendants 1 to 4 and 7 challenging the order passed by the Trial Court on an application filed under Order 1, Rule 8 of CPC granting permission to the plaintiffs to prosecute the suit in representative capacity.

(2.) Plaintiffs have filed a suit OS No.115/2011 against the defendants contending that suit "A"schedule property is a public road which they and other general public are using for ingress and egress to the Kotebetta Road from BDO Quarters road, for more than 20 years. They contend that "A"schedule property originally belongs to Upparahalli villagers. The concerned Municipality has also passed a resolution on 4.11.2010 that "A"schedule property is a road. The 1st defendant has got the katha transferred in her name after demise of her husband, in respect of Assessment No.3160/2175 measuring 21 East to West and 25 North to South and obtained licence for constructing a dwelling house. Instead of constructing the building as per the licence and the sanctioned plan, the 1st defendant has encroached upon the "A"schedule property and constructed staircase; she intends to encroach some more portion of the "A"schedule property. The request to stop construction did not yield any results. The 1st defendant has no right to cause any obstruction to their ingress and egress through "A"schedule property. Therefore, the plaintiffs filed the suit for declaration of the right of way and Permanent Injunction in respect of "A"schedule property; and for Mandatory Injunction in respect of "B"schedule property which is allegedly encroached by the defendants.

(3.) The plaintiffs also filed an application under Order 1, Rule 8 of CPC seeking permission to file the above suit in representative capacity and requested that notice may be issued to publish in "Andolana daily newspaper"to enable persons interested to join as defendants or plaintiffs. The said application was heard by the Trial Court and it has passed the impugned order permitting the plaintiffs to file a suit in a representative capacity. Notice to the public in general is ordered in "Andolana daily newspaper"either to join or to defend the suit. The defendants, on coming to know about passing of the said order, have preferred this Writ Petition.