SAKKUBAI Vs. BRUHAT BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) All these three appeals are disposed of by a common judgment as the controversy between the parties revolves around measurement of two sites or non-existence of one of the sites. RFA.No.152/2010 arises from the judgment and decree dated 08.09.2009 in O.S.No.239/2007 on the file of XL Additional City Civil Judge, Bengaluru (CCH.41). RFA.No.670/2010 is filed challenging the judgment and decree dated 09.04.2010 in O.S.No.11373/1996 on the file of XIII Addl. City Civil Judge, Mayo Hall, Bengaluru. In MFA.No.9372/2012, the appellant has challenged the order dated 16.06.2012 in Misc.No.5/2001 filed under Order IX Rule 13 of the Code of Civil Procedure ('CPC' for short) seeking to set aside ex-parte judgment in O.S.No.8034/1997 on the file of City Civil Court, Bengaluru.

(2.) O.S.No.11373/1996 was filed by one Nagarajappa against Smt. Sakkubai and her sons in respect of site no.52, Marenahalli, Vijayanagar, Bangalore -40. This is a suit for permanent injunction. O.S.No.239/2007 was filed by Sakkubai and one of her sons viz., Venkatesh against three defendants viz., 1) Bengaluru Mahanagara Palike, 2) The Asst. Executive Engineer of Bengaluru Mahanagara Palike and 3) Nagarajappa, the plaintiff in O.S.No.11373/1996. This suit was instituted in respect of property bearing No.60, Corporation No.28/5, CTS.No.1690, situated at 20th Main Road i.e., Marenahalli Main Road, Vijayanagara with measurements from East to West 29.6 ft. and North to South 63.2 + 60/2 ft. Misc.P.No.5/2001 was filed by Nagarajappa against Sakkubai and others.

(3.) The pleadings in the two suits and the Miscellaneous Petition are as follows: