LAWS(KAR)-2016-2-350

DEVARAJ Vs. BENGALURU DEVELOPMENT

Decided On February 19, 2016
DEVARAJ Appellant
V/S
Bengaluru Development Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order dated Sept. 5, 2014, passed by the Hon' ble single Judge disposing of the Writ Petition No. 11531 of 2014, inter alia, granting liberty to the writ petitioner-appellant to file a civil suit for declaration of his right and for permanent injunction.

(2.) It is contended by the writ petitioner, who is the appellant before us, that the Bengaluru Development Authority (for short 'the BDA'), allotted the site in dispute in favour of the mother of the respondent No. 4.

(3.) On the death of the mother of the respondent No. 4, the said property devolved upon the respondent No. 4. He executed a deed of mortgage in favour of the writ petitioner-appellant, mortgaging the property that was allotted in favour of his mother.