J.M. UROOJ Vs. P. JAGANNATHA RAO

JUDGEMENT

(1.) Revision is by the 3rd defendant in OS 181/2004 pending before the Prl. Civil Judge (Jr.Dvn.), Mysore on the order passed on IA 8 filed by him under O 7 R 11(a) & (d), CPC on 7.10.2013. OS 181/2004 was filed by the plaintiff/1st respondent for a declaration and permanent injunction stating that he is the successful bidder in respect of the property auctioned i.e., site bearing No.136/A situate on D Devaraj Urs Road, Mysore under notification for auction MUDA/PAN/26/200-01 dated 23.10.2000. The bid was for Rs.27,22,000/-. and he deposited Rs.5,000/- as initial deposit. It is stated, 2nd respondent without canceling the allotment in favour of this plaintifft, has once again re-auctioned the property on 19.2.2003. Petitioner herein is said to be a subsequent purchaser from the 3rd respondent i.e., in the re-auction held, the 3rd respondent has purchased the property and in turn, petitioner has purchased from him. The application filed by the petitioner in IA 8 under O 7 R 11 (a) & (d), CPC seeking rejection of the plaint came to be rejected. Hence, this revision.

(2.) Though notice is served during March 2014, none appears for the 1st respondent / plaintiff. Heard.

(3.) The grievance of the petitioner is, the auction sale was made without canceling the allotment made in favour of the plaintiff/1st respondent. Further, the petitioner sought for rejection of the the suit filed by the 1st respondent on the ground that such suit is not maintainable without there being a statutory notice as per S.64 of the Karnataka Urban Development Authority Act.