M.V. MANJUNATHA Vs. M. MUNISWAMY

JUDGEMENT

(1.) The petitioners-defendants, in this civil revision petition, are challenging the order dtd. 29/9/2023 passed by the Court of Senior Civil Judge and JMFC, Malur in O.S. No. 636/2022, whereby the application filed under Order 7 Rule 11(a) and (d) read with Sec. 151 of the CPC was rejected.

(2.) The respondent-plaintiffs, as public-spirited persons and residents of Malur Taluk, have filed the present suit for declaration and permanent injunction seeking that the government is the absolute owner of the suit schedule property--bearing Sy. No. 112 and newly created Sy. No. 563, measuring 1.20 acres, situated in Malur Village, Kasaba Hobli, Malur Taluk, Kolar District. The prayer for permanent injunction is sought to prevent defendants, their agents, etc., from alienating the suit schedule property. Incidentally, the plaint does not feature a prayer for recovery of possession.

(3.) The defendants contend that the suit is not maintainable as it challenges the grant of the suit schedule property to the late husband of Defendant No. 1 after a lapse of 40 years from the date of the grant, which was made in 1973. The plaintiffs dispute the defendants' title, alleging that the documents were fabricated in collusion with revenue authorities, leading to the mutation of khatas in the name of Defendant No. 1, the wife of the original grantee. However, the defendants argue that a declaratory suit, along with a consequential relief of injunction, cannot be sustained in the absence of any specifically pleaded right of the plaintiffs over the suit schedule property.