BANGALORE DEVELOPMENT AUTHORITY,BANGALORE Vs. ARIFA KAUSER

JUDGEMENT

(1.) Heard the learned Counsel for the parties. The matter is taken up for final hearing. The order of granting temporary injunction in O.S. No. 283/01 by the learned XL Additional City Civil Judge, Bangalore on 27.01.2011 is called in question. The respondents are the plaintiffs in the said suit and the appellants are the defendants in the said suit.

(2.) The parties will be referred to as 'plaintiffs' and 'defendants' as per their ranking before the trial Court.

(3.) The case of the plaintiff is that they have been in possession for quite a long time, as such, they have acquired the status of a settled possession. With these pleadings they have filed a suit requesting the Court to grant the relief of declaration that they are in settled possession and also for consequential relief of permanent injunction. The said suit has been contested by filing detailed written statement by BDA, which is a statutory authority created under the BDA Act, 1976. According to the defendants, the suit itself is not maintainable either in law or on facts and that no injunction could have been granted when the very maintainability of the suit looms large at the threshold.