SHRUTHI S KUMAR Vs. SRINIVAS MURTHY

JUDGEMENT

(1.) All these appeals are disposed of by a common order as the controversy in them is same. Brief background in all these appeals is as follows:-

(2.) Mfa 3775/2019 and MFA 3777/2019 have arisen out of order dated 27.4.2019 in O.S.25248/2019 on the file of XIII Additional City Civil Court, Bengaluru. The plaintiff is the appellant in both the appeals. This is suit for permanent injunction to restrain the defendants from interfering with plaintiff's peaceful possession and enjoyment of site No. 37 said to be situate in Gavipuram Extension HSBS Layout. The plaintiff states that her mother was a member of Gavipuram Extension HBCS layout. The Government of Karnataka acquired certain extent of lands in survey numbers 42/65, 42/68, 42/70 of Mallathahalli Village and survey numbers 26/14 (New No. 93), 116, 117, 119, 120, 121 and 124 of Nagadevanahalli Village, in favour of Gavipuram Extension HBCS (called 'society' hereafter). Compensation was paid to the landowners. Then the society formed a layout in accordance with BDA approved layout plan and allotted sites to its members and thus the plaintiff's mother Smt. Lakshmi S Kumar was allotted site No.37. A sale deed was executed in favour of Lakshmi S Kumar by the society on 30.7.2003. It is stated that Smt. Lakshmi S Kumar executed a gift of the said site in favour of the plaintiff on 21.11.2015. The plaintiff claims to be in possession of site No. 37 on the basis of this gift deed and complains of interference by the defendants when she undertook construction of a house in the said site after obtaining approved plan from the City Corporation and loan from a bank.

(3.) Mfa 1788/2019 arises out of an order dated 19.2.2019 in O.S. 5760/2018, on the file of XLIV Additional City Civil Court, on interlocutory applications, I.As 1 and 4 filed under Order XXXIX Rules 1 and 2, and Order XXXIX Rule 1 (a) of CPC respectively. The defendants in this suit are the appellants. The subject matter of this suit is site No. 39. The society allotted this site to Smt. Rajeshwari and then executed a registered sale deed in her favour on 6.9.2002. She gifted this site to her daughter, K.Nandini on 19.11.2009. She sold this site to one M.S.Pratap, who in turn sold it to K.H.Ramaiah. After the death of Ramaiah, the plaintiff got this site on the basis of a release deed dated 27.4.2018. She also complains of interference by the defendants when she started construction of a house in the said site.