CHIKKAHANUMEGOWDA Vs. SECRETARY

JUDGEMENT

(1.) The plaintiff filed the present writ petition against the order dated 23.11.2016 made in O.S.No.67/2003 dismissing the application I.A.No.22 filed by the plaintiff under Order 26 Rule 9 r/w Section 151 of Code of Civil Procedure.

(2.) The petitioner, who is the plaintiff before the trial Court filed suit for declaration to declare that the plaintiff is the absolute owner of 'A' schedule property, which is part and parcel of 4 guntas in Sy.No.1/1 of Bidarahalli Village purchased by the plaintiff on 24.02.1961 and consequently for mandatory injunction directing the defendants to demolish the construction made in 'B' and 'C' schedule properties which are northern most portion of 'A' schedule property constructed by defendants Nos.2 and 3 and put the plaintiff in possession thereof and for permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property illegally, contending that the plaintiff is the owner in actual possession and enjoyment of the suit schedule property which is part and parcel of 4 guntas of land in Sy.No.1/1 of Bidarahalli Village. The plaintiff purchased the same under the registered sale deed dated 24.02.1961 for valuable consideration from its original owners. The suit schedule land is situated in Sy.No.1/1 of Bidarahalli Village. The boundaries of 4 guntas are East: Land of Bettegowdana Sannegowda, West: Land of Kempamma, North: Land of Chikkahanumegowda S/o Bukkannegowda, South: Land of vendor now there is a panchayath road. It is further contended that although this land is a survey number land, it is situated amidst village and it has lost the characteristics of agricultural land. Plaintiff has constructed country tiled house and shed on the eastern most part of the said 4 guntas of suit land. Later on recently plaintiff has constructed a Mangalore tiled house on the western part of the 4 guntas. While constructing these houses plaintiff has left vacant space on the northern portion of the 4 guntas of property. Thus, plaintiff is the absolute owner in actual possession and enjoyment of the said property. But katha of the said property is changed in the name of plaintiff to the extent of 2 guntas only and remaining 2 guntas there is a dispute between the plaintiff and one Kullegowda and his brothers Siddegowda @ Appajaiah of Bidarahalli Village. A civil suit as well as revenue proceeding are still pending between plaintiff and said Kullegowda and Siddegowda.

(3.) It is further case of the plaintiff that the plaintiff has left 15 feets land north south to form a road on the southern part of 4 guntas of land to the Grama panchayath and now there is a road at present. On the northern part of 4 guntas of property road is not at all required. Even then defendants on the ill advise of the Bill collector and other panchayath member is intended to form a road in the middle of the suit schedule property leaving 7 feet space on the northern most part. If such road is formed plaintiff will lose his valuable site and his valuable site will be divided into two pieces. First defendant has not got acquired the suit land for formation of the road. Plaintiff has not consented or given possession of suit land to form the road. Formation of the road on the suit schedule property is not at all required in the place. Moreover, the intended formation of road in the schedule property will be divided into two pieces. Therefore, he has filed the suit for the relief sought.