R RAGHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these two writ petitions, viz., W.P.52691/2014 and 54468/2014, common question arises for consideration. Parties are common and facts leading to the dispute are similar. Therefore, they are clubbed, heard together and are being disposed of by this common order. The only distinguishing feature is that in W.P.No.52691/2014, land involved is Sy.No.71/*/2A measuring 6 acres 7 guntas including 1 acre 16 guntas of kharab, whereas in W.P.No.54468/2014, the land involved is Sy.No.179 measuring 4 acres, both situate at Agara Village, Kengeri Hobli, Bangalore South Taluk.

(2.) PETITIONER claiming to be a Trustee of 'Ved Vignan Maha Vidyapeeth Charitable Trust' purchased agricultural land bearing Sy.No.67 situate at Agara Village, Kengeri Hobli, Bangalore South Taluk in a Court auction held on 19.4.2003. The auction came to be conducted pursuant to execution proceedings in Execution Case No.33/2000 initiated to execute the decree passed in Miscellaneous Petition.52/1996. Sale certificate was issued in favour of the petitioner on 9.9.2005.

(3.) ACCORDING to petitioner, pursuant to the sale, aforesaid Trust became the absolute owner of Sy.No.67 with specified boundaries as stated in the sale certificate and possession of the land was handed over to the petitioner. At the time of taking possession, 4th respondent G.M.Krishna, who was the owner of the property resisted handing over possession resulting in an application being filed before the Executing Court seeking to restrain him from interfering with taking over possession. Said application of the petitioner was allowed on 16.1.2006.