GOWRAMMA AND ORS. Vs. P. LAKSHMINARAYANA

JUDGEMENT

(1.) This writ petition is directed against the order passed on Issue No.6 in OS No.15799/2000, on the file of learned XXVIII Addl. City Civil Judge, Bengaluru,

(2.) Heard the learned counsel for both the parties.

(3.) The facts in brief are that one Chikkakariyappa and his sons said to have effected the panchayath palupatti in respect of the suit schedule property. In pursuance of the partition, katha was transferred in the name of K Nanjundappa. After the death of K. Nanjundappa, his wife Smt. Gowramma approached the Revenue Authorities to get transferred the revenue records in her favour. The petitioners have filed a suit in OS NO. 15207/2001 for declaration, mandatory injunction and permanent injunction. The late K Subramani, brother of the K Nanjundappa challenging the revenue entries made in the name of petitioners filed RA No.12/1992-93 before the Assistant Commissioner, Bengaluru Sub-Division, Bengaluru. After hearing the matter, the Assistant Commissioner was pleased to dismiss the appeal and the matter was compromised accordingly. The suit was decreed in favour of the petitioners herein. The Survey Authorities have got phoded their respective shares and they have conducted the survey of the land in question and prepared sketch and mahazar. It is contended that after conclusion of the survey, it has come to the notice of the petitioners that the respondent has illegally encroached upon a portion of the suit properties and has put up illegal construction thereon. The petitioners filed the suit in OS NO.15799/2000 for relief of declaration and mandatory injunction against the respondent. The respondent contested the suit by filing written statement denying the averments made in the plaint.