LAWS(KAR)-2024-7-136

T.N.CHANDRASHEKAR Vs. GOVERNMENT OF KARNATAKA

Decided On July 04, 2024
T.N.Chandrashekar Appellant
V/S
GOVERNMENT OF KARNATAKA Respondents

JUDGEMENT

(1.) This writ petition preferred seeking the following reliefs;

(2.) Brief facts, The petitioner is tenant under one K.S.Nataraj in respect of property bearing Municipal Katha No.1951/1822 situated at Narasimha circle, Kalyagate, Magadi Town, Magadi, Ramanagara District, measuring East-West 19 feet and North-South 76 feet. This property is referred to as 'Schedule-B' property in the writ petition. Schedule-B property is part of larger extent of property measuring East-West towards Southern side 34 feet, towards Northern side 361/2 feet, towards North-South on the Eastern side 59 feet and towards Western side 74 feet. This property is referred to as 'Schedule-A' property.

(3.) It is stated that the petitioner entered into agreement of sale on 9/9/2002 with K.S.Nataraj for purchase of Schedule-B property. It is stated that the remaining part of Schedule-A property was in possession of Smt. Radha Balakrishna. The Schedule-B property was purchased by Smt. Radha Balakrishna under registered Sale Deed 13/4/2004 during subsistence of earlier agreement of sale. As the petitioner was pressurized to vacate Schedule-B property, he preferred O.S.No.307/2011 on the file of the Additional Civil Judge, Magadi. The Civil Court by order dtd. 9/8/2011 granted interim order of temporary injunction restraining demolition, dispossession, interference and obstruction with the plaintiff's possession of Schedule-B property.