Bangalore District Court
Kareshanaiah vs Rajashekaraiah Dr on 9 January, 2025
KABC010147682007
IN THE COURT OF THE XXXVII ADDL. CITY CIVIL & SESSIONS
JUDGE (CCH-38), BENGALURU CITY.
:PRESENT:
Sri. Yashawanth Kumar, B.A.(Law), LL.B,
LI Addl. City Civil & Sessions Judge,
C/c XXXVII Addl. City Civil & Sessions Judge, (CCH-38)
Bengaluru City.
DATED This the 9th day of January 2025
O.S.No. 6293/2007
PLAINTIFF/S KARESHANAIAH
S/O.SHANIAH,
AGED ABOUT 50 YEARS,
NO. 109 3RD CROSS,
SARASWATHIPURAM,
NANDINI LAYOUT,
BENGALURU 96.
(Pl By Sri. JCK, advocate)
Versus
DEFENDANT/S 1. RAJASHEKARAIAH DR.
S/O. BASAPPA,
AGED ABOUT 55 YEARS,
R/AT. NO. 32E 13TH
MAIN,VIJAYANAGAR,
BENGALURU 40.
2. SMT. R. ANITHA,
W/O. E. MANJUNATH,
AGED ABOUT 36 YEARS,
R/AT. NO.19, 9TH CROSS,
IST MAIN, PRASHANTHNAGAR,
BENGALURU.
2 O.S.No.6293/2007
3. MURALIDHAR R
S/O. M. RAMACHANDRA,
AGED ABOUT 38 YEARS,
R/AT.NO.111, 6TH CROSS,
6TH C MAIN REMCO LAYOUT
VIJAYANAGAR II STAGE,
BENGALURU-040
4.RAMESH K S
S/O. LATE K.S. SHIVA SETTI,
AGED ABOUT 49 YEARS,
NO.488 8TH MAIN,
3RD CROSS,
BANASHANKARI I STAGE,
II BLOCK, BENGALURU-050
5:SMT. RADHA MURTHY,
W/O. B.S.N. MURTHY,
AGED ABOUT 40 YEARS,
R/AT. NO.4/B, 8TH CROSS,
BAPUJINAGAR,
BENGALURU-026
6. BHARATH S,
S/O. LATE C. SHASHIKUMAR,
AGED ABOUT 38 YEARS,
R/AT.NO.6 UTTARADHIMATH
ROAD, SHANKARMUTT,
BLORE-084.
7. PADMAVATHI M,
S/O. K. MANJU PRAKASH,
AGED ABOUT 38 YEARS,
R/AT. NO.23 NEAR MSR COLLEGE,
BENGALURU-054
8. YASHODAMMA,
W/O. DR. L.N. MURTHY,
AGED ABOUT 50 YEARS,
R/AT. DHANAVANTRI CLINIC,
KAGEPURA BUILDING,
MALAVALLI TALUK ,
MANDYA DIST.
3 O.S.No.6293/2007
9. SMT. P.L. MANJULA,
W/O. LATE S.A. DRUVAMURTHY,
AGED ABOUT 58 YEARS,
R/AT. NO.35, 2ND CROSS,
AMARJYOTHI NAGAR,
VIJAYANAGARA,
BENGALURU.40
10:SMT. MANJULA P M,
W/O. H.M. MALLIKARJUNA,
AGED ABOUT 39 YEARS
R/AT. NO.321 BCC LAYOUT,
9TH CROSS,
BENGALURU-040
11:SMT. RENUKA,
S/O. T.H. RAMAMURTHY,
AGED ABOUT 57 YEARS,
R/AT. NO.41 SPENCERS ROAD,
FRAZER TOWN,
BENGALURU-05
12:SHIVANNA,
S/O. LATE CHENNAIAH,
AGED ABOUT 66 YEARS,
R/AT.NO.72, 1ST CROSS,
7TH A MAIN, KALYAN
CO.OP.SOCIETY,
VIJAYANAGAR II STAGE,
RPC LAYOUT, BLORE-040
13. SMT. SUSHEELA S B
W/O. SHIVANNA,
AGED ABOUT 53 YEARS,
R/AT. NO.72 1ST CROSS,
7TH A MAIN, KALYAN
CO.OP.SOCIETY, VIJAYANAGAR II
STAGE, RPC LAYOUT, BLORE-040
14: SMT. PADMA B V,
W/O. MAHADEVAPPA,
AGED ABOUT 58 YEARS,
R/AT. NO.3100, 14TH B MAIN,
8TH CROSS, RPC LAYOUT,
4 O.S.No.6293/2007
BENGALURU-040
15. SMT. JANAKI B P,
D/O. LATE B.K. PUTTEGOWDA,
AGED MAJOR,
R/AT.BHARATHI BALI ESTATE,
NO.8 HOSAHALLI POST,
MOODIGERE TALUK,
CHIKKAMANGALUR DIST.
16. ANANTHA RAMAIAH H K
S/O. A. KOMARAMAIAH,
AGED ABOUT 69 YEARS,
R/AT.G-1SWAMARAN JYOTHI
APARTMENTS, 10TH MAIN,
SAMPIGE LAYOUT,
BENGALURU-079
17. M/S. RAJARAJESHWARI
HOUSING CO-OPERATIVE SOCIETY
LTD.,SITUATED AT 3RD CROSS,
NEAR ROYAN CIRCLE,
CHAMARAJPET,
BENGALURU 560018
REP. BY ITS SECRETARY
SRI. NARASINGARAO.
(Df No.1 to 3, 15 & 16 By Sri. NRJ,
Advocate)
(Df No.15 Abated,)
(Df No. 17 By Sri. ASA, Advocate)
Date of Institution of the suit 03.05.2007
Nature of suit Declaration & Injunction
Date of commencement 20.10.2016
of recording of evidence.
Date on which judgment
was pronounced. 9.1.2025
5 O.S.No.6293/2007
Total Duration. Years Months Days
17 05 07
C/c. XXXVII ACCJ, BENGALURU
6 O.S.No.6293/2007
JUDGMENT
This is a suit filed by the plaintiff for the relief of declaration of his title over the suit schedule properties and for declaration that the decree obtained by the defendants herein in O.S.No.1573/2004 in respect of the suit properties as null and void and the same is not binding on the plaintiff and for the relief of permanent injunction restraining the defendants from interfering with his possession and enjoyment of the suit schedule properties.
2. The case of the plaintiff in brief is as under:-
(a) The plaintiff is the absolute owner in lawful possession and enjoyment of the land measuring 8 guntas in Sy.No.5/3 and 21 guntas in Sy.No.5/4. Both survey numbers earlier part of Sy. No.5/1 of Nagadevanahalli, Kengeri Hobli, Bengaluru South Taluk (hereinafter referred as Item No.1 & 2 properties).
The plaintiff has acquired the suit properties through a sale deed dtd: 27.4.2005 and registered on 26.8.2006 executed by Doddaiah S/o Junjamaraiah and his 4 sons. In fact, the agricultural land measuring 1 acre 27 guntas in Sy.No.5/1 was phoded and new survey numbers assigned as Sy.No.5/3 for 8 guntas and Sy.No.5/4 for 21 guntas. Since from the date of purchase the plaintiff is in actual possession and enjoyment of 7 O.S.No.6293/2007 the suit properties. The revenue records reflected the name of the plaintiff to the suit properties. Earlier in the month of January 1989 a preliminary notification was published and suit properties among other were notified for acquisition by BDA to form residential layout i.e., Jnanabhrathi layout. Later on 14.12.2020 the BDA withdrawn the acquisition proceedings in respect of the suit properties and other lands. During the second week of March 2004, some persons claiming to be the legal representatives of Poojari Chikkanna asserted that the suit properties belonging to them. On 31.3.2004, Doddaiah, the vendor of the plaintiff obtained the RTC of his land. It revealed entering the name of Poojari Chikkanna as per ICR No.1/1993 - 94 in respect of Sy.No.5/1 measuring 1 acre 27 guntas of the same village. In fact Poojari Chikkanna in collusion with revenue authorities had managed to get mutate his name. Immediately. Doddaiah preferred an appeal in RA(S) No.1/2004- 05 before the Asst.Commissioner, Bengaluru South Taluk challenging the illegal entries. After hearing both sides, the Asst.Commissioner allowed the appeal preferred by Doddaih on 29.7.2004 and Junjamaraiah's name mutated as per MR No. 4/2004. Thereafter, the name of Doddaiah and his sons who are the LRs of Junjamariah were mutated as per MR No.(a) 8 O.S.No.6293/2007 32/2004-05. Against the order passed by the Asst. Commissioner the LRs of Poojari Chikkanna preferred Revision Petn. No.107/2004-05 challenging the order dtd:29.7.2004. The Deputy Commissioner confirmed the order of Asst. Commissioner by the order dtd:6.6.2005. The order of the Deputy Commissioner has become final.
(b) After purchase of suit properties by the plaintiff, he has fenced the same with stone pillars and wires. During the first week of January 2007, the defendants having no manner of right, title and interest over the suit properties started remove the fencing stones. When the plaintiff questioned the same, the defendants disclosed about the decree obtained in O.S.No.1573/2004 before the City Civil Court. The plaintiff obtained the certified copy of the plaint, written statement and other documents of O.S.No.1573/2004 and learned that it was a suit filed for bare injunction against the Rajarajeshwari House Building Co-operative Society.
(c) The defendants No.1 to 16 and M/s Rajarajeshwari House Building Co-operative Society colluded with each other and obtained a fraudulent decree in O.S.No.1573/2004 by suppressing the material facts. As on the date of obtaining the said decree on 17.1.2006, the suit property belonging to the 9 O.S.No.6293/2007 plaintiff, having purchased the same and obtained katha in his name. The said compromise decree is not binding on the plaintiff.
(d) The defendants kept quiet for some time. Thereafter on 3.8.2007 at about 12 noon again they tried to dispossess the plaintiff from the suit property. When the revenue courts have held that Poojari Chikkanna has no claim in respect of the agricultural land measuring 1 acre 27 guntas and have concluded that Junjamaraiah had derived title over the suit property under the registered sale deed dtd: 19.5.1945 executed by Smt.Thimmakka. No documents executed by Poojari Chikkanna has no legal consequences.
(e) The plaintiff had moved the Tahsildar, Bengaluru South Taluk, Bengaluru in Phodi Dispute No.4/2007-08 against the Rajarajeshwari House Building Co-operative Society. The Society objected the Phodi Durasti made in respect of Sy. No.5/1. The DDLR in Appeal No. 67/2006-07 held that in the matter has no notice was served upon the society and hence earlier phodi of Sy.Nos.5/3 and 5/4 were revoked. Thereafter, again notice issued and an opportunity was given to the said society. By the order dtd: 18.2.2008, the Tahsildar opined that the earlier Phodi made in respect of Sy.No.5/3 and 5/4 correct 10 O.S.No.6293/2007 and directed to enter the name of the plaintiff in the revenue records. The order dtd:18.2.2008 was challenged in case No.4/2007-08 passed by the Tahsildar, Bengaluru before Technical Assistant to DeputyCommissioner, Bengaluru by the above society and it is pending. The defendants No.1 to 16 have challenged the phodi made by the concerned revenue authorities in respect of the suit properties in favour of the plaintiff as Sy.No. 5/3 and 5/4 before the DDLR in Appeal No. 44/07-08. The DDLR without verifing the documents filed by the plaintiff passed the order setting aside the phodi and durasti made in respect of the suit properties. The plaintiff filed revision petition before the Deputy Commissioner challenging the said order. He has also confirmed the order of Tahsildar. Against the said order of Deputy Commissioner. The defendants have filed Writ petition before the Hon'ble High Court of Karnataka.
(f) The plaintiff are the owners in possession of the suit schedule properties. They are entitled for the reliefs claimed in the suit.
3. The defendants No.1 to 3, 9, 10, 12 to 16 have filed their written statement. The defendants No.4 to 8 and 11 have adopted the same.
11 O.S.No.6293/2007
4. (a) The defendants have contended that the suit is not maintainable. Though the land in question was acquired in favour of Rajarajeshwari House Building Co-operative Society by the Government under the provisions of Land Acquisition Act, the plaintiff has not made the society, government and the SLAO as parties to this suit. Hence, the suit is liable to be dismissed.
(b) The total extent of land in Sy.No.5/1 was 7 acres 34 guntas including 29 guntas of kharab land. It was belonging to Junjamma, Junjaiah and Junjamaraiah. The katha, mutation, RTC and other revenue records stood in their names as on 14.11.1986. On the basis of scheme submitted by the society, the Government approved and directed the SLAO to initiate acquisition proceedings. The preliminary notification was issued on 14.7.1986 and it was published in Karnataka gezette on 14.7.1986 proposing to acquire several items of land including the land bearing Sy.No.5/1 measuring 5 acres 8 guntas of Nagadevanahalli village. The SLAO after conducting necessary inquiry recommended for acquisition. The lands notified were carefully demarcated in JMC sketch prepared by the surveyor. The final notification was issued on 2.9.1987 and it was published in Gazette on 17.9.1987. In the JMC sketch, acquired 12 O.S.No.6293/2007 land can be clearly verified before passing the award. The Kathadars and Anubhavadars were entered into an agreement with society agreeing to acquire the land to an extent of 5 acres 8 guntas including the land of Doddaiah and they have also received the award of compensation. Thereafter, consent award was passed on 13.1.1989, award notice was issued on 16.4.1992. After the award, the government took possession on 25.7.1992 and 23.2.1995. Notification U/sec.17(2) of the Act was issued on 28.7.1992, 23,2.1995 and published in Gazette on 6.8.1992 and 2.3.1995. Thereafter the land handed over to the society by the government by official memorandum dtd:
12.11.1992 and 12.12.1995. The Tahsildar changed mutation and RTC entries in the name of the society. After taking possession, the society got approved the layout plan in the year 1992 and formed sites and executed sale deeds in favour of the members during the year 1994 and on wards. Ever since, the members of society are in possession and enjoyment of the said land.
(c) The total extent of land in Sy.No.5/1 was 7 acres 34 guntas. The government acquired 5 acres 8 guntas. The remaining land measuring 1 acre 27 guntas belonging to Sri. Poojari Chikkanna, Halamma and Doddaiah S/o Junjappa and others. 13 O.S.No.6293/2007 These remaining lands were sold in the form of revenue sites in favour of defendants through Sri. K.K.Byadagi and one acre of land in favour of K. Nanjappa. There is no land left out in favour of Poojari Chikkanna, Halamma and Doddaiah S/o Junjanna. Such being the case, on the representation made by Doddaiah, Shivanna, Basavaraju, Jayanna and Chikkanna, the Tahsildar, Bengaluru South Taluk without issuing notice and holding an inquiry and spot inspection as required under law, passed an order for phodi durasthi in favour of said persons on the basis of the bogus documents and given new phodi numbers as Sy.No.5/3 and 5/4 by tampering the earlier JMC sketch, behind the back of the society and the defendants. The society after coming to know about the said orders and entries made by Tahsildar brought it to the notice of the SLAO. The SLAO has directed him to conduct joint survey by his letters dtd:
18.8.20067, 4.9.2006, 22.9.2006 and in spite of his request, the Tahsildar carried out phodi and durasti in the absence of SLAO and the society. The SLAO by his report dtd: 20.5.2006 directed the Tahsildar to cancel the phodi of Sy.No.5/3 and 5/4, since the same is coming under the acquired land. In spite of the same Tahsildar failed to cancel the same.
Aggrieved by the order of Tahsildar dtd: 17.8.2006 14 O.S.No.6293/2007 effecting phodi, durasti and change of spot filed an appeal before the DDLR, in No. 67/06-07. The DDLR after hearing the parties and on the basis of the documents produced by the society and SLAO, allowed the appeal and set-aside the phodi and durasti made by the Tahsildar by order dtd: 25.4.2007 and directed the Tahsildar to conduct resurvey. Accordingly, Tahsildar once again conducted survey and restored the earlier survey sketch. Necessary entries also changed in the revenue records.
(b) Poojari Chikkanna had sold the remaining lands in form of revenue sites in favour of the defendants as well as various other persons in Sy.No.5/1 to an extent of 1 acre 27 guntas. Said Poojari Chikkanna in spite of selling the remaining land belonging to him, has sold in excess by encroaching portion of the said land which were acquired, by playing fraud with these defendants. Subsequently, the society got surveyed the land bearing Sy.No.5/1 and he was found that there was encroachment of portions of the acquired land by Poojari Chikkanna, which were sold in favour of defendants in the form of revenue sites and the defendants have put up construction in their respective sites.
(c) The defendants filed a suit in O.S. No.1573/2004 15 O.S.No.6293/2007 before the City Civil Court for permanent injunction against the society on the basis of the sale deeds executed by Poojari Chikkanna through GPA holder K.K. Byadagi in respect of the suit properties. During the pendency of this suit, the defendants requested the society for allotting their respective sites in their favour and agreed to pay development costs and such other charges to the society by getting the membership. In view of construction put up by the defendants, the suit schedule lands could not be allotted to regular members. Therefore, the society agreed to allot respective sites purchased by demarcating site numbers and issued possession certificate in their favour. Accordingly, the defendants got membership and paid development charges in respect of their respective sites.
(d) During the pendency of the said suit, defendants and society have arrived at amicable settlement and the matter was amicably settled out of court. Compromise petition came to be filed and suit came to be decreed as per compromise. The persons in RA(S) 1/2004-05 and revision petition No. 107/2004-05 are concerned, the defendants are no way concerned with the same. Neither the defendants nor the society were parties to the said proceedings and those orders 16 O.S.No.6293/2007 are not binding on the defendants. In view of the above, the plaintiff is not entitled for the relief claimed in the suit. Hence, prayed for dismissal of the suit.
5. On the basis of the above pleadings of the parties, the following issues have been framed by my learned predecessor in office:
1. Whether the plaintiff proves his ownership over the suit schedule properties ?
2. Whether the plaintiff further prove his possession over the suit schedule property ?
3. Is the alleged interference by the defendants in the possession of the plaintiff over the suit schedule properties is true?
4. Whether the suit of the plaintiff is bad for non-joinder of necessary parties?
5. Whether the plaintiff has got cause of action to file the suit?
6. Whether the court fee paid by the plaintiffs is insufficient?
7. Whether the plaintiff is entitled for the relief sought for?
8. What order or decree?
6. In order to prove his case, the plaintiff has been examined as PW-1 and another witness as PW-2 and got marked documents at Ex.P1 to P43. On their behalf, the defendant has been examined as DW 1 and got marked documents at Ex.D1 to D202.
17 O.S.No.6293/2007
7. Heard the arguments of the learned counsel for the plaintiffs. The defendants have not addressed their arguments.
8. My answer to the above issues are as under:
Issue No.1 : In the Negative.
Issue No.2 : In the Negative
Issue No.3 : In the Negative
Issue No.4 : In the Negative
Issue No.5 : In the Negative
Issue No.6 : In the Negative
Issue No.7 : In the Negative
Issue No.8 : As per the final order,
for the following:-
REASONS
9. Issue No.1: Admittedly total extent of Sy.No.5/1 of
Nagadevanahalli village, Kengeri Hobli, Bengaluru South Taluk was 7 acres 34 guntas including 29 guntas of kharab land. The plaintiff has pleaded that Junjumaraiah derived title over 1 acre 27 guntas in Sy.No.5/1 through registered sale deed dtd:19.4.1945 executed by Smt. Thimmakka. The plaintiff Karesanaiah purchased 1 acre 27 guntas through registered sale deed dtd: 27.4.2005 from Doddaiah S/o Junjumaraiah and sons of Doddaiah. Thereafter Phodi was conducted by revenue officials in respect of 1 acre 27 guntas of land and new survey numbers assigned as Sy.No.5/3 in respect of 21 guntas, which 18 O.S.No.6293/2007 is described as item No.1 in the plaint schedule and new Sy.No.5/4 was assigned in respect of 8 guntas in Sy.No.5/1, out of 1 acre 27 guntas and said 8 guntas has been described as item No.2 in the plaint schedule. The plaintiff was put in possession of the suit schedule properties item No.1 and 2. Thus, the plaintiff has become the owner in possession of the suit schedule item No.1 and 2.
10. Original plaintiff Karesanaiah was examined as PW-1. But he has not tendered himself for cross-examination. Therefore, his evidence cannot be considered for any purpose. Subsequently, the Special Power of Attorney of the plaintiff i.e., Mirle Varadaraj has been examined as PW-2. He has reiterated the plaint averments and got marked 43 documents as Ex.P-1 to P-43. He has been cross-examined by the defendants.
11. The plaintiff has not produced documents regarding purchase of 1 acre 27 guntas in Sy.No.5/1 by Junjumaraiah through registered sale deed dtd: 19.4.1945 from Smt.Thimmakka. However, Ex.P-43 is the preliminary notification issued in respect of the acquisition of land for formation of Jnanabharathi Layout by Bengaluru Development Authority. In it, it is stated that 1 acre 27 guntas belonging to Junjappa S/o H.Junjappa, Junjamma, Junjumaraiah and 19 O.S.No.6293/2007 Junjaiah were proposed to be acquired. However, in the Gazette Notification dtd: 14.12.2000, the Government of Karnataka has withdrawn the above said preliminary notification in respect of said Sy.No.5/1 measuring 1 acre 27 guntas, which was in the name of Junjappa S/o H.Junjappa, Junjamma, Junjumaraiah and Junjaiah. The above said preliminary notification has been published in Karnataka Gazette on 19.1.1989. Therefore, it cannot be disbelieved that 1 acre 27 guntas in Sy.No.5/1 was belonging to Junjumaraiah and others.
12. Ex.P-1 is the registered sale deed executed by Doddaiah S/o Junjumaraiah and Shivanna, Basavaraju, Jayanna and Chikkanna sons of Doddaiah in favour of plaintiff Karesanaiah in respect of 30 guntas of land out of 1 acre 27 guntas in Sy.No.5/1 of Nagadevanahalli village. The boundaries to said 30 guntas has been given as towards East: remaining portion of Sy.No.5/1, West: land belonging to Shashidhar, North: Sy.No.6, South: remaining portion of Sy.No.5/1. It is the sale deed dtd: 27.4.2005. Ex.P-3 is the mutation register extract in respect of 1 acre 27 guntas in Sy.No.5/1, it shows that said 1 acre 27 guntas entered in the name of Doddaiah S/o. Junjumaraiah and his sons by removing the name of Junjumaraiah. It appears that subsequent to the said mutation, 20 O.S.No.6293/2007 sale deed as per Ex.P-1 was executed in respect of 30 guntas of land out of 1 acre 27 guntas in Sy.No.5/1.
13. Ex.P-22 is the sketch prepared by Surveyor, BDA, Bengaluru, it shows that 1 acre 27 guntas withdrawn from acquisition in Sy.No.5/1. The said 1 acre 27 guntas has been shown in two portions in Sy.No.5/1 in the sketch. The purchased land of the plaintiff as per Ex.P-1 is 30 guntas of land. It is a single plot of 30 guntas with common boundaries. However in the plaint, item No. 1 is shown as 8 guntas out of 1 acre 27 guntas, item No.2 is shown as 21 guntas out of 1 acre 27 guntas. The said 8 guntas has been given new Sy.No.5/3 and 21 guntas has been given new Sy.No.5/4. It appears that 30 guntas of land purchased by the plaintiff under Ex.P-1 has been sub-divided as stated in item No.1 and 2 of the plaint schedule. On going through the boundaries stated in the plaint schedule, it appears that 8 guntas in Sy.No.5/3 is situated to east and 21 guntas in Sy.No.5/4 situated to the west and both extents are situated adjacent to each other. But the plaintiff has not produced any sketch to identify the item No.1 and 2 properties in Sy.No.5/1. It is to be noted that total extent of Sy.No.5/1 was 7 acres 39 guntas out of which 29 guntas is kharab land, out of it 1 acre 27 guntas was belonging to the vendor of plaintiff, the 21 O.S.No.6293/2007 plaintiff purchased 30 guntas out of said 1 acre 27 guntas and the 30 guntas of land purchased by the plaintiff sub-divided as Sy.No.5/3 measuring 8 guntas and Sy.No.5/4 measuring 21 guntas. Under such circumstances, it was necessary for the plaintiff to produce the sketch of item No.1 and 2 of the plaint schedule to identify those extents. But, the plaintiff has not produced sketch before the court.
14. The contention of the defendant is that out of 7 acre 34 guntas including 29 gunts of kharab land in Nagadevanahalli village in Sy.No.5/1, government acquired 5 acres 8 guntas of land for Rajarajeshwari Housing Co-Operative Society and remaining land of 1 acre 27 guntas belonging to one Poojari Chikkanna, Smt. Halamma, Doddaiah S/o Junjaiah and others. Said remaining land of 1 acre 27 guntas was sold in the form of revenue sites in favour of defendants through K.K. Byadagi. Said remaining land of 1 acre 27 guntas sold in favour of defendants and K.H. Manjappa and no land left to Poojari Chikkanna, Smt. Halamma and Diddaiah s/o Junjappa. They denied that the plaintiff has become the owner of suit schedule Item No.1 and 2 properties. It is contended that assigning Sy.No.5/3 and 5/4 to 1 acre 27 guntas in Sy.No.5/1 is incorrect and it has been created in collusion with revenue authorities. 22 O.S.No.6293/2007
15. To prove the contention of defendants, they have produced documents. Ex.D-172 is the preliminary notification dtd: 14.7.1986, it shows that Sy.No.5/1 measuring 5 acres 8 guntas proposed to be acquired for Rajarajeshwari Housing Co- Operative Society, among other lands. Ex.D-173 is final notification dtd: 2.9.1987, it shows that the said land i.e., 5 acres 8 guntas in Sy.No.5/1 was acquired for Rajarajeshwari Housing Co-Operative Society, Bengaluru. In both preliminary notification and final notification the boundaries of said 5 acres 8 guntas is stated as towards East: remaining land of Sy.No.5/1, West: Sy.No.8/1B and 36, North: Sy.No.6, South: Sy.No.8/1B and 8/6. In both Ex.D-172 and D-173 the names of Kathedar is mentioned as Junjanna and name of Anubhavadars is mentioned as Junjamma, Junjamaraiah and Junjaiah. Ex.D- 173 is the certified copy of award passed in LAC No.182/87-88 dtd: 13.1.1989, it is in respect of Sy.No.5/1 measuring 5 acres 8 guntas and in this document also the name of Kathedar is mentioned as Junjanna and names of Anubhavadars is mentioned as Junjamma, Jnunamaraiah and Junjaiah. Ex.D- 175 is the JMC sketch prepared by the Spl. Land acquisition officer and ADLR jointly, wherein Sy.No.5/1 is shown on the western side and remaining land is shown on the eastern side. 23 O.S.No.6293/2007 Ex.D-176 is the possession certificate regarding handing over possession of 4 acres 13½ guntas in Sy.No. 5/1, it is dtd:
2.9.1987. Ex.D-177 is the Official Memorandum regarding handing over possession of 34½ guntas in Sy. No.5/1 on 12.12.1995. The total extent in Ex.D-176 and D-177 comes to 5 acres 8 guntas. These two documents show handing over possession of 5 acres 8 guntas in Sy.No.5/1 in favour of Rajarajeshwari Housing Co-Operative Society. Ex.D-178 is the Gazette Notification dtd: 6.8.1995 and 2.3.1995, these two documents show regarding acquisition of total extent of 5 acre 8 guntas in Sy.No.5/1 in favour of Rajarajeshwari Housing Co-
operative Society. Ex.D-179 is the mutation register extract, it shows that 5 acre 9 guntas in Sy.No.5/1 mutated to the name of Rajarajeshwari Housing Co-Operative Society. Ex.D-180, 181, 182, 183, 184, 185, 186, 187, 188 and 189 are the RTC extracts from the year 2001-02 up to 2013-14, it shows that 5 acre 8 guntas in Sy.No.5/1 entered in the name of Rajarajeshwari Housing Co-Operative Society.
16. These documents clearly show the acquisition of 5 acres 8 guntas land for Rajarajeshwari Housing Co-Operative Society by the government, taking over possession of the same and handing over possession to Rajarajeshwari Housing Co- 24 O.S.No.6293/2007 Operative Society. Further, it shows that the remaining land in Sy.No.5/1 is situated to the east of acquired land of 5 acre 8 guntas. It can be clearly made out that acquired land of 5 acres 8 guntas is the western portion of Sy.No.5/1. Preliminary notification, final notification and JMC sketch of the year 1986- 87 clearly shows the location of 5 acre 8 guntas in Sy.No.5/1 acquired for Rajarajeshwari Housing Co-Operative Society. The award as per Ex.D-174 shows that the GPA holder of Smt. Junjamma W/o Muddaiah, Smt. Halamma W/o Junjaiah, Sonappa S/o Junjaiah as kathedhars and anubhavadars has consented for award in respect of 4 acres 13½ guntas and general award has been passed in respect of remaining 34½ guntas in Sy.No.5/1. These documents clearly shows that 5 acre 8 guntas on the western portion of Sy.No. 5/1 acquired Rajarajeshwari Housing Co-Operative Society by following due procedure.
17. It is the contention of defendants that by colluding with revenue officials, the plaintiff has got prepared a sketch as per Ex.D-190, wherein Sy.No.5/3 and Sy.No.5/4 i.e., item No. 1 and 2 of the plaint schedule are shown within Sy.No.5/1 measuring 5 acres 8 guntas acquired for Rajarajeshwari Housing Co- Operative Society. It is the contention of the defendant that in 25 O.S.No.6293/2007 fact the plaintiff has to claim his property in the remaining land which is situated to the East of Sy.No.5/1 measuring 5 acres 8 guntas. On going through Ex.D-190 the date of preparation of said sketch cannot be made out. There is nothing to disbelieve the JMC sketch prepared as per Ex.D-175. Except Ex.D-190, a sketch prepared by a surveyor, there is no other document to identify the suit item No.1 and 2. The defendants have seriously disputed the identity of the item No.1 and 2 of the plaint schedule i.e., Sy.No.5/3 and 5/4.
18. During the cross-examination of PW-2, he has stated that he is not aware that the total extent of Sy.No.5/1 is 7 acres 35 guntas including 39 guntas of kharab land; out of it 5 acres 8 guntas acquired by government in favour of Rajarajeshwari Housing Co-Operative Society; towards east of said 5 acre 8 guntas of land remaining land in sy.No.5/1 is situated; the joint measurement sketch has been prepared in respect of Sy.No.5/1 measuring 5 acres 8 guntas. It is to be noted that PW-2 has not denied the above said suggestions of defendant. Further in the cross-examination of PW-2 has not denied formation of layout by Rajarajeshwari Housing Co-Operative Society in Sy.No.5/1 measuring 5 acres 8 guntas in the year 1994. He has stated that it is an unauthorized layout. He has admitted that the Phodi 26 O.S.No.6293/2007 Durasti as Sy.No.5/3 and 5/4 has been challenged by the Rajarajeshwari Housing Co-Operative Society i.e., defendant No.17 before the DDLR; DDLR canceled the order of ADLR; when Revision Petition was pending before Deputy Commissioner, they filed an application for conversion of 37 guntas of land for non- agricultural purpose; the Deputy Commissioner passed an order for conversion of 37 guntas in Sy.No.5/1; it was challenged by the defendants by filing Writ petition before the Hon'ble High Court of Karnataka; the Hon'ble High Court of Karnataka disposed of the Writ petition holding that original suits are pending in respect of the matter; there is no evidence on what basis Sy.No.5/1 has been phoded as Sy.No.5/3 and 5/4.
19. Dw-1 is the defendant No.1. He has stated in his evidence that Sy.No.5/1 measuring 7 acres 34 guntas originally belonged to Junjamaraiah. He has admitted that Ex.P-1 is the sale deed in respect of the land sold by Doddaiah and his sons in favour of the plaintiffs. He has stated that 30 guntas of land purchased by the plaintiff out of 5 acres 8 guntas was given Sy.No.5/4 after phodi. He has stated that he is not aware that out of 30 guntas of land 8 guntas was given as Sy.No.5/3 and 21 guntas was given Sy.No.5/4. He has admitted that on purchase of said land, katha mutated in the name of plaintiff 27 O.S.No.6293/2007 as per Ex.P-2. Again he has stated that he is not aware that Sy.No.5/1 measuring 7 acres 34 guntas phoded and sub-divided as Sy.No.5/1, 5/3 and 5/4. But he has admitted that out of 7 acres 38 guntas an extent of 5 acres 8 guntas acquired for Rajarajeshwari Housing Co-Operative Society and katha entered in the name of Rajarajeshwari Housing Co-Operative Society. The plaintiff himself suggested the same to Dw-1. Therefore, the plaintiff admits the acquisition of 5 acres 8 guntas of land for Rajarajeshwari Housing Co-Operative Society in the cross- examination of Dw-1 also. Dw-1 has stated that plaintiff's 30 guntas of land has been phoded as Sy.No.5/4.
20. Though there is some inconsistency in the evidence of Dw-1 also, the documents produced by Dw-1 clearly show the acquisition of 5 acres 8 guntas of land in Sy.No.5/1 in favour of Rajarajeshwari Housing Co-Operative Society and the remaining land of Sy.No.5/1 is situated to the east of said 5 acre 8 guntas. The plaintiff has not produced any reliable document to show that the suit schedule item No.1 and 2 comes within 5 acre 8 guntas acquired for Rajarajeshwari Housing Co-Operative Society. Though a survey sketch has been produced to show the same, there is no sufficient evidence to prove the same. Considering the above circumstances, there is no sufficient 28 O.S.No.6293/2007 evidence to prove the ownership of the plaintiff over the suit schedule properties. Hence, I answer Issue No.1 in the Negative.
21. Issue No. 2:- The plaintiff is claiming that Item No.1 and 2 of the plaint schedule are situated within 5 acres 8 guntas of land acquired for Rajarajeshwari Housing Co-Operative Society. But, the documents clearly show that 5 acre 8 guntas has been acquired for Rajarajeshwari Housing Co-Operative Society and possession of the same has been handed over to it. The plaintiff has not produced any evidence to show his possession over the suit schedule Item No.1 and 2 properties. Therefore, I answer Issue No.2 in the Negative.
22. Issue No. 3:- When the plaintiff has not proved his ownership and possession over the suit schedule item No.1 and 2 properties, the question of interference by the defendants does not arise. Accordingly, I answer Issue No.3 in the Negative.
23. Issue No. 4:- The defendants have not stated why the suit if bad for non-joinder of necessary parties. The defendants have not argued on the said issue also. Hence, I answer Issue No.4 in the Negative.
24. Issue No. 5:- The cause of action is a bundle of facts, which entitles the plaintiff to claim the relief. It cannot be said 29 O.S.No.6293/2007 that the pleadings of the plaintiff does not disclose the cause of action. Hence, I answer Issue No.5 in the Negative.
25. Issue No. 6:- The plaintiff has filed this suit for the relief of declaration and injunction. The plaintiff has stated that the suit properties are agricultural lands and valued the suit as per Sec. 24(b) of the KCF & SV Act and paid court fee as per Sec. 7(2)(b) of the Act. There is nothing to show that court fee paid is not sufficient. Accordingly, I answer Issue No.6 in the Negative.
26. Issue No. 7:- The plaintiff has failed to prove his case. Therefore he is not entitled for the reliefs claimed in the suit. Accordingly, I answer Issue No.7 in the Negative.
27. Issue No. 8:- In view of my above discussion, I proceed to pass the following:-
ORDER The suit of the plaintiff is hereby dismissed with costs.
Draw decree accordingly.
(Dictated to the stenographer grade-I, transcribed and typed by their, corrected and then pronounced by me in open court, this the 9th Day of January 2025) (YASHAWANTH KUMAR) C/c. XXXVII ADDL. CITY CIVIL JUDGE, (CCH-38), BENGALURU.30 O.S.No.6293/2007
Schedule Property Item No.1:-
All the part and parcel of the Agricultural land bearing earlier Sy.No.5/1, presently Sy.No.5/3, measuring 8 guntas out of 1 acre 27 guntas, situated at Nagadevanahalli village, Kengeri Hobli, Bangalore South Taluk, bounded on:
East by : Northern portion of Sy.No. 5/1 and thereafter plaintiff's land in Sy.No. 5/4.
(Item No.2 of the schedule) West by : Shashidhar's property in Sy.No.5/3. North by : Land in Sy.No.6 South by : Remaining Property of 5/1 belongs to RRHBCS.
Item No.2:-
All the part and parcel of the Agricultural land measuring 1 acre 27 guntas, in earlier Sy.No.5/1, presently Sy.No. 5/4, situated at Nagadevanahalli village, Kengeri Hobli, Bangalore South Taluk, bounded on:
East by : Remaining land in Sy.No. 5/1. West by : Plaintiff's land in Sy.No.5/3., (Item No.1 of the schedule) North by : Land in Sy.No.6 South by : Remaining Property of 5/1 belongs to RRHBCS.
ANNEXURE List of witnesses examined on behalf of the plaintiff/s:
PW-1 - Kareshanaiah,
PW-2 - Mirle Varadaraj.
31 O.S.No.6293/2007
Documents marked on behalf of the plaintiff/s:
Ex.P-1 Original Registered sale deed dtd:27.4.2005.
Ex.P-2 4 Mutation register copies to P5.
Ex.P-6to 3 pahani pathrika of 3 survey numbers. 8 Ex.P-9 Certified copy of the plaint in O.S.No. 1573/2004 Ex.P-10 Certified copy of statement in the said case.
Ex.P-11 Certified copy of the amended plaint in O.S.No.1573/2004.
Ex.P-12 Certified copy of the compromise petition in O.S.No.1573/2004.
Ex.P-13 C/c. Of Memos filed by plaintiff No.4 and 5 Ex.P-14 C/c of compromise decree
Ex.P-15 C/c of the order passed by Deputy Commissioner, Bengaluru in Revsn. Petn No. 107/04-05 dtd: 6.6.2005.
Ex.P-16 Spl. Power of attorney executed by plaintiff.
Ex.P-17 Certified copy of the Judgment in
O.S.25882/2010
Ex.P-18 Certified copy of the decree in
O.S.25882/2010
Ex.P- Certified copy of the order in
WP.No.24760/1993 with clubbed cases dtd 09.11.1993 19 Ex.P-20 Certified copy of the sketch of Sy.No.5/1 Ex.P-21 Certified copy of the gazette notification Ex.P-22 Certified copy of the re-survey sketch in 32 O.S.No.6293/2007 Sy.No.5/1 Ex.P-23 Certified copy of the MR extract in MR.No.1/1993-94 Ex.P-24 Certified copy of the RTC in Sy.No.5/1 Ex.P-25 Certified copy of the order in RA.No. (S)1/2004-05 dtd 29.07.2004 Ex.P-26 Certified copy of the mutation register extract in MR.No.4/2004-05 Ex.P-27 RTC extract of Sy.No.5/1 Ex.P-28 Certified copy of the order in Case No.Revision(P)No.117/2004-05 dtd 06.06.2005 Ex.P-29 Certified copy of the MR extract in MR.No.32 Ex.P-30 RTC extract of Sy.No.5/1 for the year 2005-06 Ex.P-31 RTC extract of Sy.No.5/3 for the year 2012-13 Ex.P-32 RTC extract of Sy.No.5/4 for the year 2009-10 Ex.P-33 Survey sketch of Sy.No.5/1 Ex.P-34 Certified copy of the order in No.67/2006-07 dtd 25.04.2007 Ex.P-35 Certified copy of the order of Tahasildar, Bengaluru South Taluk in case No.4/2007-08 dtd 13.02.2008 Ex.P-36 Certified copy of the order in Appeal No.44/2007-08 dtd 29.09.2010 Ex.P-37 Certified copy of the order in Revision Petition No.6/2010-11 dtd 12.04.2012 Ex.P-38 Certified copy of the order in WP.No.24032-
041/2012 with clubbed cases dtd 20.09.2012 Ex.P-39 Certified copy of the order in WA.No.8358-
8367/2012 with clubbed cases dtd
01.03.2014
Ex.P-40 Certified copy of the endorsement dtd
24.01.2008 issued by BDA
Ex.P-41 Certified copy of the sale deed dated
27.04.2005
33 O.S.No.6293/2007
Ex.P-42 Certified copy of the sale deed dated
25.03.2008
Ex.P-43 Certified copy of the gazette notification of
BDA
List of witnesses examined on behalf of the Defendant/s:
DW-1 Dr. Rajashekaraiah.
Documents marked on behalf of the Defendant/s:
Ex.D-1 Certified copy of the registered sale deed dated 24.02.1994 Ex.D-2 Certified copy of the endorsement dated 12.12.1997 issued by Town Municipality, Kengeri.
Ex.D-3 Certified copy of the Assessment list for building and land tax.
Ex.D-4 to Certified copies of tax paid receipts. Ex.D-7 Ex.D-8 Certified copy of share certificate. Ex.D-9 Certified copy of registered deed of confirmation dated 05.10.2013.
Ex.D-10 Certified copy of the registered sale deed dated 31.03.1994.
Ex.D-11 Certified copy of the katha endorsement dated 03.12.1997 issued by TMC, Kengeri.
Ex.D-12 Certified copy of Assessment list for building and land tax for the year 1997-98.
Ex.D-13 and Certified copies of receipts issued by Ex.D-14 Rajarajeshwari housing society. Ex.D-15 Certified copy of receipts issued by Rajarajeshwari housing society.
Ex.D-16 Certified copy of deed of confirmation dated11.12.2014.
Ex.D-17 Certified copy of registered sale deed dated 34 O.S.No.6293/2007 25.02.1994.
Ex.D-18 Certified copy of the property tax receipt. Ex.D-19 and Certified copy of the receipts issued by Ex.D-20 Rajarajeshwari Housing and Society. Ex.D-21 Certified copy of share certificate in the name of R Muralidhar.
Ex.D-22 Certified copy of the deed of confirmation dated 07.08.2012.
Ex.D-23 Certified copy of the registered sale deed dated 07.02.1994.
Ex.D-24 Certified copy of the katha endorsement dated 25.11.1997 issued by TMC, Kengeri.
Ex.D-25 Certified copy of the Assessment list in the name of K.S. Ramesh.
Ex.D-26 Certified copy of the property tax receipt in the name of K.S. Ramesh.
Ex.D-27 & Certified copies of receipts issued by Ex.D-28 Rajarajeshwari Housing Society in the name of K.S. Ramesh.
Ex.D-29 Certified copy of share certificate in the name of K.S.Ramesh.
Ex.D-30 Certified copy of deed of confirmation dated 07.08.2012 in the name of K.S. Ramesh.
Ex.D-31 Certified copy of the registered sale deed dated 18.02.1994 in the name of Smt. Radhamurthy. Ex.D-32 Certified copy of the katha endorsement issued by TMC, Kengeri in the name of Smt. Radhamurthy.
Ex.D-33 Certified copy of the Assessment list in the name of Smt. Radhamurthy.
Ex.D-34 to Certified copies of the property tax receipts in Ex.D-37 the name of Smt. Radhamurthy.
Ex.D-38 Certified copy of the site development charges receipt in the name of Smt. Radhamurthy.
Ex.D-39 & Certified copies of deposit receipts issued by Ex.D-40 Rajarajeshwari Housing Society in the name of 35 O.S.No.6293/2007 Smt. Radhamurthy.
Ex.D-41 Certified copy of share certificate in the name of Smt. Radhamurthy.
Ex.D-42 Certified copy of deed of confirmation dated 06.12.2014 in the name of Smt. Radhamurthy. Ex.D-43 Certified copy of the registered sale deed dated 25.02.1994 in the name of S. Bharath.
Ex.D-44 Certified copy of the katha endorsement issued by TMC, Kengeri in the name of S. Bharath.
Ex.D-45 Certified copy of the Assessment list in the name of S. Bharath.
Ex.D-46 Certified copy of the site development charges receipt in the name of S. Bharath.
Ex.D-47 & Certified copies of the tax paid receipts in the Ex.D-48 name of S. Bharath.
Ex.D-49 to Certified copies of the paroperty tax paid Ex.D-52 receipts in the name of S. Bharath. Ex.D-53 & Certified copies of deposit receipts issued by Ex.D-54 Rajarajeshwari Housing Society in the name of S. Bharath.
Ex.D-55 Certified copy of share certificate in the name of S. Bharath.
Ex.D-56 Certified copy of deed of confirmation in the name of S. Bharath.
Ex.D-57 Certified copy of the registered sale deed in the name of Smt. M Padmavathi.
Ex.D-58 Certified copy of the share certificate in the name of Smt. M Padmavathi.
Ex.D-59 to Certified copy of the property paid receipts in th Ex.D-61 e name of Smt. M Padmavathi.
Ex.D-62 & Certified copy of the deposit receipts in the name Ex.D-63 of Smt. M Padmavathi.
Ex.D-64 Certified copy of deed of confirmation in the name of Smt. M Padmavathi.
Ex.D-65 Certified copy of the registered sale deed in the name of Smt. Yashodhamma.
36 O.S.No.6293/2007Ex.D-66 Certified copy of the katha endorsement in the name of Smt. Yashodhamma.
Ex.D-67 Certified copy of the assessment list extract in the name of Smt. Yashodhamma.
Ex.D-68 Certified copy of the development charge in the name of Smt. Yashodhamma.
Ex.D-69 Certified copy of the tax paid receipts in the name of Smt. Yashodhamma.
Ex.D-70 & Certified copy the deposit receipts in the name of Ex.D-71 Smt. Yashodhamma.
Ex.D-72 Certified copy of the share certificate in the name of Smt. Yashodhamma.
Ex.D-73 Certified copy of the tax paid receipts in th e name of Smt. Yashodhamma Ex.D-74 Certified copy of the sale deed in the name of Smt. P.N . Manjula.
Ex.D-75 Certified copy of the encumbrance certificate in the name of P.N . Manjula.
Ex.D-76 & Certified copy of the depoist receipts in the name Ex.D-77 of P.N . Manjula.
Ex.D-78 Certified copy of the share certificate in the name of P.N . Manjula.
Ex.D-79 Certified copy of the deed of confirmation in the name of P.N . Manjula.
Ex.D-80 Certified copy of the sale deed in the name of Smt. Renuka.
Ex.D-81 Certified copy of encumbrance certificate in the name of Smt. Renuka.
Ex.D-82 Certified copy of katha endorsement in the name of Smt. Renuka.
Ex.D-83 Certified copy of assessment list extract in the name of Smt. Renuka.
Ex.D-84 Certified copy of the development charges receipt in the name of Smt. Renuka.
Ex.D-85 & Certified copies of deposit receipts in the name of Ex.D-86 Smt. Renuka.
37 O.S.No.6293/2007Ex.D-87 Certified copy of share certificate in the name of Smt. Renuka.
Ex.D-88 Certified copy of deed of confirmation in the name of Smt. Renuka.
Ex.D-89 Certified copy of sale deed in the name of Shivanna.
Ex.D-90 & Certified copy of property tax receipts in the
Ex.D-91 name of Shivanna.
Ex.D-92 & Certified copies of deposit of receipts in the name
Ex.D-93 of Shivanna.
Ex.D-94 Certified copy of share certificate in the name of
Shivanna.
Ex.D-95 Certified copy of confirmation deed in the name
of Shivanna.
Ex.D-96 Certified copy of the sale deed in the name of
Smt. Susheela S.B
Ex.D-97 & Certified copies of property tax receipts in the
Ex.D-98 name of Smt. Susheela S.B
Ex.D-99 & Certified copies of deposit receipts in the name of
Ex.D-100 Smt. Susheela S.B
Ex.D-101 Certified copy of share certificate in the name of
Smt. Susheela S.B
Ex.D-102 Certified copy of deed of confirmation in the
name of Smt. Susheela S.B
Ex.D-103 Certified copy of sale deed in the name of Smt.
B.V. Padma.
Ex.D-104 Certified copy of katha endorsement in the name
of Smt. B.V. Padma.
Ex.D-105 Certified copy of assessment list extract in the
name of Smt. B.V. Padma.
Ex.D-106 & Certified copies of deposit receipts in the name of Ex.D-107 Smt. B.V. Padma.
Ex.D-108 Certified copy of share certificate in the name of Smt. B.V. Padma.
Ex.D-109 Certified copy of deed of confirmation in the name of Smt. B.V. Padma.
38 O.S.No.6293/2007Ex.D-110 Certified copy of sale deed in the name of Smt. B.P. Janaki.
Ex.D-111 Certified copy of katha endorsement in the name of Smt. B.P. Janaki.
Ex.D-112 Certified copy of assessment list extract in the name of Smt. B.P. Janaki.
Ex.D-113 Certified copy of development charges receipt in the name of Smt. B.P. Janaki.
Ex.D-114 Certified copy of tax paid receipts in the name of Smt. B.P. Janaki.
Ex.D-115 Certified copy of property tax receipt in the name of Smt. B.P. Janaki.
Ex.D-116 Certified copy of share receipt in the name of Smt. B.P. Janaki.
Ex.D-117 Certified copy of share certificate in the name of Smt. B.P. Janaki.
Ex.D-118 Certified copy of deed of confirmation in the name of Smt. B.P. Janaki.
Ex.D-119 Certified copy of sale deed in the name of H.K. Anantharamaiah.
Ex.D-120 Certified copy of encumbrance certificate in the name of H.K. Anantharamaiah.
Ex.D-121 Certified copy of katha endorsement in the name of H.K. Anantharamaiah.
Ex.D-122 Certified copy of assessment list extract in the name of H.K. Anantharamaiah.
Ex.D-123 Certified copy of development charges receipt in the name of H.K. Anantharamaiah.
Ex.D-124 Certified copy of tax paid receipt in the name of H.K. Anantharamaiah.
Ex.D-125 Certified copy of acknowledgment for receipt of cheque in the name of H.K. Anantharamaiah. Ex.D-126 Certified copy of property tax receipt in the name of H.K. Anantharamaiah.
Ex.D-127 Certified copy of property tax receipt in the name of H.K. Anantharamaiah.
39 O.S.No.6293/2007Ex.D-128 to Certified copy of property tax receipts in the Ex.D-130 name of H.K. Anantharamaiah.
Ex.D-131 Certified copy of share fee receipt in the name of H.K. Anantharamaiah.
Ex.D-132 Certified copy of deposit receipt in the name of H.K. Anantharamaiah.
Ex.D-133 Certified copy of share certificate in the name of H.K. Anantharamaiah.
Ex.D-134 Certified copy of deed of confirmation in the name of H.K. Anantharamaiah.
Ex.D-135 Certified copy of the plaint in OS.No.1573/2004. Ex.D-136 Certified copy of the compromise petition in OS.No.1573/2004.
Ex.D-137 Certified copy of the order sheet in OS.No.1573/2004.
Ex.D-138 Certified copy of the decree in OS.No.1573/2004. Ex.D-139 Certified copy of the revenue survey notice. Ex.D-140 Certified copy of the statement before surveyor Ex.D-141 Certified copy of the Order of DDLR in Appeal No.67/2006-07.
Ex.D-142 Certified copy of the order of Tahsildar in Case no.4/2007-2008.
Ex.D-143 Certified copy of order of DDLR in Appeal no.44/07-08.
Ex.D-144 Certified copy of the order of Deputy Commissioner in Revision petition no.6/2010-
11. Ex.D-145 Certified copy of the order of Hon'ble High Court of Karnataka in WP.No.24032-41/2012 with clubbed cases.
Ex.D-146 Certified copy of the order of Hon'ble High Court of Karnataka in WA.No.8358 to 8367/2012 with connected cases.
Ex.D-147 Certified copy of the plaint in OS.No.3583/2004. Ex.D-148 Certified copy of the Judgment in OS.No.3583/2004.
40 O.S.No.6293/2007Ex.D-149 Certified copy of the decree in OS.No.3583/2004. Ex.D-150 Certified copy of the sale deed in favour of Doddaiah and Aravaiah.
Ex.D-151 Certified copy of the gazette notification dated 14.12.2000.
Ex.D-152 Certified copy of the notice dated 06.04.2015 to Dr.Rajashekaraiah.
Ex.D-153 Certified copy of the notice to Dr.Rajashekaraiah.
Ex.D-154 Certified copy of the objections submitted by Doddaiah dated 26.04.1994.
Ex.D-155 Certified copy of the objections filed by Birle Varadaraj before DDLR.
Ex.D-156 Certified copy of the notice issued to Dr.Rajashekaraiah dated 23.04.2015.
Ex.D-157 Certified copy of the letter by Tahsildar to DDLR dated 22.07.2009.
Ex.D-158 Certified copy of the spot mahazar report. Ex.D-159 Certified copy of the spot inspection report by Tahsildar.
Ex.D-160 Certified copy of the sketch of resurvey no.5/1. Ex.D-161 Certified copy of the letter to Chief Minister dated 19.07.2000.
Ex.D-162 Certified copy of the letter to Chief Minister by D.K. Shivakumar 09.10.2000.
Ex.D-163 Certified copy of the letter by BDA Commissioner to Principal Secretary Urban Development Department dated 10.11.2006.
Ex.D-164 Certified copy of the tippani and order sheet maintained by BDA.
Ex.D-165 & Certified copy of note sheets of BDA. Ex.D-166 Ex.D-167 Certified copy of the Judgment in OS.No.25336/2009.
Ex.D-168 Certified copy of the decree in OS.No.25336/2009.
41 O.S.No.6293/2007Ex.D-169 Certified copy of the forensic document examination report.
Ex.D-170 Digitally signed copy of the order in WP.No.47195/2017 dated 11.04.2023.
Ex.D-171 Certified copy of the order of BDA dated 20.12.1996.
Ex.D-172 Certified copy of the preliminary notification
Ex.D-172(a) Typed copy of the Ex.D.172
Ex.D-173 Certified copy of the final notification
Ex.D-173(a) Certified copy of the Ex.D.173
Ex.D-174 Certified copy of the award
Ex.D-175 Certified copy of the joint measurement sketch of
re-survey No.5
Ex.D-176 Certified copy of the handing over possession
certificate
Ex.D-177 Certified copy of the official memorandum dated
12.12.1995 regarding handing over possession Ex.D-178 Certified copy of the gazette notification in respect of taking possession Ex.D-179 Certified copy of the mutation register extract Ex.D-180 to Certified copy of RTC extracts if Sy.No.5/1 189 Ex.D-190 Certified copy of the sketch of re-survey No.5/1 Ex.D-191 Certified copy of the order in Appeal NO.44/2007-08 before DDLR, Bengaluru Ex.D-192 Certified copy of the BDA resolution approving the layout plan Ex.D-193 Certified copy of the BDA latter dated 24.02.1994 Ex.D-194 Not marked due to oversight Ex.D-195 Certified copy of the proceedings of RRHBS Ex.D-196 Certified copy of the BDA notification Ex.D-197 Certified copy of the order in Appeal NO.44/2007-08 before DDKR 42 O.S.No.6293/2007 Ex.D-198 Certified copy of the order in RFA.NO.1221/2016 dated 11.08.2016 Ex.D-199 Certified copy of the order in RFA.NO.1221/2016 dated 11.08.2016 Ex.D-200 Copy of the final notification 259 Ex.D-201 Copy of the award notification dated 24.09.1987 Ex.D-202 Copy of the Award notified dated 16.04.1992 (YASHAWANTH KUMAR) C/c. XXXVII ADDL. CITY CIVIL JUDGE, (CCH-38), BENGALURU.