Karnataka High Court
Sri. H.C. Prakash vs Sri. Manjunatha on 16 March, 2023
-1-
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CIVIL REVISION PETITION NO. 19 OF 2023 (IO)
C/W
CIVIL REVISION PETITION NO. 104 OF 2023 (IO)
IN C.R.P. NO.19/2023:
BETWEEN:
T.J. YATHEENDRANATH
AGED ABOUT 54 YEARS,
S/O LATE T.B. JAYASWAMY,
RA/T NO. 99-A, JAYAMANGALA,
5TH MAIN ROAD,
SHANKARA NAGARA,
BENGALURU 560 096.
...PETITIONER
(BY SRI. C.M. NAGABUSHANA, ADVOCATE)
AND:
1. SRI. MANJUNATHA
AGED ABOUT 45 YEARS
S/O LATE NARASIMHAMURTHY @ NARASIMHA
Digitally signed R/AT CHIKKABANAVARA VILLAGE,
by SUMA
Location: HIGH
YESHWANTHPURA HOBLI,
COURT OF BENGALURU-560 090.
KARNATAKA
2. SRI. N. MARUTHI
AGED ABOUT 41 YEARS
S/O LATE NARASIMHAMURTHY @ NARASIMHA
R/AT NO.31, NEW NO.58,
OLD PANVHYATH ROAD,
CHIKKABANAVARA VILLAGE
YESHWANTHPURA HOBLI,
BENGALURU-560 090
3. SMT. JAYAMMA
AGED ABOUT 75 YEARS
W/O LATE NARASIMHAMURTHY @ NARASIMHA
R/AT NO.58, OLD PANVHYATH ROAD,
-2-
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
CHIKKABANAVARA VILLAGE,
YESHWANTHPURA HOBLI,
BENGALURU 560 090.
4. SMT. PADMA
AGED ABOUT 54 YEARS
D/O LATE NARASIMHAMURTHY @ NARASIMHA
W/O LATE SHATHISH
R/AT NO.92,
KEREGUDDADAHALLI VILLAGE,
CHIKKABANAVARA VILLAGE,
YESHWANTHPURA HOBLI,
BENGALURU 560 090.
5. SMT. NAGARATHNAMMA
AGED ABOUT 50 YEARS
D/O LATE NARASIMHAMURTHY @ NARASIMHA
W/O SRINIVASH,
R/AT NO.273, SOMASHETIHALLI,
CHIKKABANAVARA VILLAGE,
YESHWANTHPURA HOBLI,
BENGALURU-560 090.
6. SMT. RADHA
AGED ABOUT 48 YEARS
D/O LATE NARASIMHAMURTHY @ NARASIMHA
W/O MANJUNATH
R/AT NO.58,
OLD PANVHYATH ROAD,
CHIKKABANAVARA VILLAGE
YESHWANTHPURA HOBLI
BENGALURU 560 090
7. SMT. CHANDRAKALA
AGED ABOUT 44 YEARS
D/O LATE NARSIMHAMURTHY @ NARASIMHA
W/O LATE SHEKAR
R/AT NO.160/1,
3RD CROSS ROAD,
SHARADAMBA NAGAR,
JALAHALLI VILLAGE,
BENGALURU-560 013.
8. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
-3-
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
DR. AMBEDKAR VEEDI,
BENGALURU 560 013
9. THE MYSORE STONEWARE PIPES AND
POTTERIES LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT
NO.30, SAPTAGIRI, GF-2, 10TH CROSS,
SADASHIVANAGARA,
R.M.V. EXTENSION,
BENGALURU-560080
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. R.P. TRIVIKRAM
10. SRI. K.V. RAGHAVENDRA
CHIEF ACCOUNTANT OF 1ST DEFENDANT
NO.80, 6TH CROSS, GANDHINAGAR,
BENGALURU-560 009
11. SRI. H.S. SHANTHAKUMAR
S/O SIDDEGOWDA
AGED ABOUT 55 YEARS
12. SRI. D.C. GOVINDA REDDY
S/O D. GOVINDA REDDY
AGED ABOUT 62 YEARS
BOTH RESPONDENT NO.11 AND 12 ARE
RESIDING AT NO.3/9,
BERLIE STREET CROSS,
LANGFORD,
BENGALURU-560 025.
13. THE SHIVA SHAKTHI BUILDERS AND DEVELOPERS
HAVING ITS REGISTERED OFFICE AT
NO.57, DEVIKRUPA, 20TH 'A' CROSS,
1ST 'R' BLOCK, RAJAJINAGAR,
BENGALURU-560 010
REP BY ITS SOLE PROPRIETOR
SRI. H.N. SHIVA NANAJAIAH
S/O NANJAIAH
AGED ABOUT 64 YEARS
14. SRI. KARIYAPPA
S/O BALEGOEDA
AGED ABOUT 63 YEARS
R/AT NO.32, 1ST 'B' CROSS ROAD,
-4-
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
NANJAPPAREDDY GARDEN,
LIC COLONY MAIN ROAD,
YESHWANTHAPURA,
BENGALURU-560 022.
15. SRI. K. SANTOSH
S/O N. KRISHNA
AGED ABOUT 33 YEARS
R/AT NO.232, 2ND BLOCK,
3RD PHASE, W C R,
BASAVAESHWARA NAGAR
BENGALURU-560 079.
16. SRI. R.V. TELLIS
S/O LATE ALOSE YOURS TELLIS
AGED ABOUT 54 YEARS
R/AT NO.19/2, 7TH CROSS,
SUBEDARPALYA, YESHWANTHPURA,
BENGALURU-560 022.
17. KUMARI BHAVANA
D/O KASHINATH BHAIRAPPA,
AGED ABOUT 54 YEARS,
R/AT NO.19/2, 7TH CROSS,
SUBEDARPALYA, YESHWANTHPURA,
BENGALURU-560 022.
18. SMT. M.C. KANAKA
W/O H.V. VIJAYKUMARI
AGED ABOUT 50 YEARS
R/AT HURALICHIKKANAHALLI VILLAGE,
CHIKKABANAVARA POST,
BENGALURU-560 090.
19. DR. P.A. SARMA
AGED ABOUT 82 YEARS
S/O LATE P.V. SATHYANARAYANA
R/AT NO.591, 14TH MAIN ROAD,
MEI LAYOUT,
NAGASANDRA POST,
BENGALURU-560 073.
20. MR. ADARAM
AGED ABOUT 58 YEARS,
S/O SAVARAMJI,
R/AT NO.1, 1ST CROSS,
15TH MAIN, HMT LAYOUT,
MATHIKERE, BENGALURU-560054.
-5-
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
21. MR. K.S. PRASADKUMAR
AGED ABOUT 61 YEARS
S/O LATE K.N. SATHYANARAYANA SETTY
R/AT NO.8/6, HMT MAIN ROAD,
"VASAVI NILAYA",
OPP. CANARA BANK,
MATHIKERE,
BENGALURU-560054.
22. MRS. BHARATHI
W/O K S PRASADKUMAR
AGED ABOUT 56 YEARS
R/AT NO.8/6, HMT MAIN ROAD,
"VASAVI NILAYA",
OPP. CANARA BANK,
MATHIKERE,
BENGALURU-560054.
23. SRI. HALEMANE VENKATKRISHNA RAMACHANDRA
S/O H.M. VENKATAKRISHNAIAH
AGED ABOUT 52 YEARS
24. SRI. HALEMANE VENKATAKRISHNA SUBRAMNAY
S/O H.M. VENKATAKRISHNAIAH
AGED ABOUT 50 YEARS
25. SMT. H.V. SHANTHAMMA
W/O H.M. VENKATAKRISHNAIAH
AGED ABOUT 71 YEARS
THE RESPONDENT NOS.23 TO 25 ARE
RESIDING AT NO.13,
OLD SHANKARMUTT QUARTERS,
PAMPA MAHAKAVI ROAD,
SHANKARPURAM,
BASVANAGUDI,
BENGALURU-560 004.
26. SRI. ARVIND DESIKAN
S/O V. DESIKAN
R/AT NO.13, 70-71
PRINCESS SQUARE,
LONDON-W24NY,
UNITED KINGDOM,
REP. BY HIS FATHER - V. DESIKAN
POWER OF ATTORNEY HOLDER
27. MR. V. DESIKAN
S/O LATE VARADARAJAN
-6-
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
AGED ABOUT 73 YEARS
R/AT NO.B-8,
VIJAY KIRAN APARTMENT 32
VICTORIA ROAD
BENGALURU-560 047
28. SMT. C. VARALAKSHMI
AGED ABOUT 56 YEARS,
W/O H.N. SHIVANANJAIAH
R/AT NO.11, "DEVIKRUPA",
11TH 'A' CROSS, 2ND STAGE
WEST OF CHORD ROAD
BENGALURU-560088
29. SMT. KAMKSHI BALASUBRAMANYAM
W/O LATE S. BALASUBRAMANYAM
AGED ABOUT 70 YEARS,
R/AT SAI MADHURA ENCLAVE,
J.P. NAGAR 1ST PHASE,
BENGALURU-560 078
30. SRI. V.S. CHANDRASHEKAR
S/O LATE S. KUMAR
AGED ABOUT 54 YEARS,
R/AT NO.46, 9TH CROSS,
28TH MAIN, J.P. NAGAR, 1ST PHASE
BENGALURU-560 078
31. SRI. S. OMPRAKASH
S/O LATE S PANDURANGA RAO
AGED ABOUT 64 YEARS,
R/AT NO.159, 9TH MAIN ROAD
BCC LAYOUT, 2ND STAGE,
CHANDRA LAYOUT,
BENGALURU-560 057
32. SRI. D.M. LOHITH
S/O K.DUNDAIAH
AGED ABOUT 36 YEARS
R/AT NO.551, GEETHA NILAYA,
5TH MAIN, 2ND CROSS,
BHUVANESHWAR NAGAR,
T. DASARAHALLI
BENGALURU-560 057
33. SRI. ASHOKCHAND OSTWAL
S/O DHARAMCHAND OSTWAL
AGED ABOUT 60 YEARS,
R/AT C/O VIJYA OSTWAL,
-7-
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
AMARCHAND MARG,
PEDDAPALLI POST
KARIMNAGAR DISTRICT-505 172
34. SRI. M. VENKATESH
S/O M.B. MARAANJINAPPA
AGED ABOUT 43 YEARS,
R/AT NO.76, 1ST MAIN ROAD,
ANJENEYA TEMPLE,
MALLASANDRA POST,
T. DASARAHALLI
BENGALURU-560 057
35. SMT. SUNITHA R RAO
W/O RAMACHANDRA RAO
AGED ABOUT 67 YEARS,
C/O V.K. CHANDRAKANTH
R/AT NO.33, 1ST MAIN ROAD,
MARUTHI EXTENSION
BENGALURU-560 021
36. R. KAMALAKANNAN
S/O RANGASWAMY
AGED ABOUT 65 YEARS
R/AT OLD NO.62, NEW NO.139
SRI. A.K. SWAMY NAGAR
3RD STREET, KIPAUK,
CHENNAI-600 010
37. SRI. K.G. BHARATH KUMAR
S/O LATE GURUPADASWAMY
R/AT HOLEMALLESHWARA ESTATE
HEBBASALE POST, SAKALESHPUR,
HASSAN DISTRICT-573134
38. SMT. KUMARI SONIKE K. RAJ
D/O V. KANAKARA
R/AT NO.124/125, 4TH CROSS,
VISHVESHWARA ENKSHEV
NEAR WEST JALAHALLI
KAMMAGONDANAHALLI
BENGALURU-560 015
39. SMT. GOWARAMMA
AGED ABOUT 66 YEARS
W/O VEERAPPA
R/AT 5TH CROSS,
KIRLOSKAR POUNTRI
-8-
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
YESHWANTHPURA
BENGALURU-560 022
40. SRI. H. SRIDHARA ITHAL
S/O LATE CHANNAKESHAVA ITHAL
AGED ABOUT 72 YEARS
R/AT NO.282/A, SRINIVASA NILAYA,
7TH 'A' CROSS, 2ND MAIN ROAD
MUTHYALANAGARA
BANDAPPANAGARA
M E S ROAD, WARD NO.17
B.C.C.J.P.C. PARK, GOKULA,
BENGALURU-560 054
41. SRI. H.C. PRAKASH
MAJOR IN AGE
S/O G.R. VHANDRAHASAPPA
R/AT LINGAPURA VILLAGE
HOSAHALLI KYAMP
HANAGAVADI POST
HONNALI TALUK
DAVANAGERE DISTRICT-577 243
42. SRI. MARIGOWDA
S/O CHIKKEGOWDA
AGED ABOUT 55 YEARS
R/AT NO.126, RAILWAY ROAD,
WEST KUMARA PARK
BENGALURU-560 020
43. SRI. J. CHINNARAJ
S/O GOVINDA
R/AT NO.1678/A,
S. RAMESH ROAD
PRASHANTHNAGARA
T. DASARAHALLI
BENGALURU-560 057
44. SRI. J. SHANKAR
S/O JAVARAIAH
AGED ABOUT 58 YEARS
R/AT NO.3, 1ST 'B' CROSS ROAD
NANJAPPA REDDY GARDEN
YESHWANTHAPURA
BENGALURU-560 022
45. SRI. M.A. RIYAZULLA
S/O M.A. AMEER
R/AT NO.940, 8TH CROSS
-9-
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
GOKULA EXTENSION, 1ST STAGE
1ST PHASE, BENGALURU-560 054
46. SMT. GOWRAMMA
W/O N. RAMAMURTHY
AGED ABOUT 59 YEARS
R/AT NO.438, 13TH CROSS
BHUVANESHWARI NAGARA
DASARAHALLI MAIN ROAD
HEBBALA FARM POST
BENGALURU-560 024
47. SRI. K. MUNISIDDAPPA
S/O LATE KUNNAPPA
AGED ABOUT 59 YEARS
R/AT NO.4, HESARGHATTA VILLAGE
1ST MAIN ROAD
M.R.C. BADAVANE
HESARAGHATTA HOBLI
BENGALURU-560 088
48. SRI. RAVIKUMAR
S/O SHIVALINGAPPA
AGED ABOUT 35 YEARS
R/AT NO.PARAVAGONDANAHALLI VILLAGE,
SARTHAVALLI POST
HONNAVALLI HOBLI
THIPATURU TALUK
TUMAKURU DISTRICT
49. SMT. K.N. GEETHA
AGED ABOUT 47 YEARS
W/O LATE INDRESHA
R/AT NO.33, KRISHNA NILAYA
1ST CROSS, NETHAGINAGARA
MATTIKERE,
BENGALURU-560 054
50. SRI. M.S. INDRESHA
AGED ABOUT 51 YEARS
S/O LATE M.P. SHEKARAPPA
R/AT NO.33, KRISHNA NILAYA
1ST CROSS, NETHAGINAGARA
MATTIKERE
BENGALURU-560 054
51. SRI. VINCENT
AGED ABOUT 39 YEARS
- 10 -
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
S/O N.M. ABRAHAMA
R/AT NO.18/A, 29TH MAIN ROAD
BTM LAYOUT 2ND STAGE
BENGALURU-560 076
REPRESENTED BY HIS GPA HOLDER
52. MR. RAJEEV NARAYAN
MAJOR IN AGE,
S/O S. NARAYAN KUTTY,
R/AT NO.61, K.B.G. ROAD,
SRIRAMPURAM,
BENGALURU-560 021.
53. SRI. ARJUN PRAKASH NAIR,
S/O RAJEEV NARAYAN,
AGED ABOUT 30 YEARS,
R/AT NO.61, K.B.G. ROAD,
SRIRAMPURAM,
BENGALURU-560 021.
54. SRI. ANANTHARAM
S/O H.M.RAMASWAMYREDDY,
AGED ABOUT 54 YEARS,
R/AT NO.380, 10TH CROSS,
29TH MAIN, HSR LAYOUT,
1ST SECTOR, AGARA POST,
BENGALURU-560 034.
55. SRI. G.N.C. REDDY
S/O G. NARASIMHAREDDY,
AGED ABOUT 60 YEARS,
R/AT NO.420, 5TH CROSS ROAD,
4TH MAIN, 3RD PHASE,
J.P.NAGARA, BENGALURU-560 078.
56. SRI. C. MUNIRAJU
S/O CHIKKAVEERAPPA,
AGED ABOUT 66 YEARS,
R/AT SAASUVEGHATTA VILLAGE,
HESARAGHATTA HOBLI,
BENGALURU NORTH TALUK-560 088.
57. SRI. NARASHIMAMURTHY
S/O HANMANTHARAYAPPA,
AGED ABOUT 52 YEARS,
R/AT NEERAKALLU VILLAGE,
CHINNENAHALLI POST,
- 11 -
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
MADHUGIRI TALUK,
TUMAKURU DISTRICT-572 133
58. SRI. S. MALLIKARJUNAIAH,
S/O LATE SHIVANANJAPPA,
AGED ABOUT 81 YEARS,
R/AT NO.105, "SHIVAMALLIKA" NILAYA,
BASAVESHWARANAGARA,
TURUVEKERE TOWN,
TURUVEKERE TALUK,
TUMUKURU DISTRICT-572 227.
59. BENGALURU DEVELOPMENT AUTHORITY,
(THE SPECIAL ADDITIONAL
LAND ACQUISITION OFFICER)
T. CHOWDAIAH ROAD,
BENGALURU-560 020.
...RESPONDENTS
(BY SRI. P.S. RAJAGOPAL, SENIOR COUNSEL, FOR
SRI. S.V. BHAT, ADVOCATE FOR RESPONDENT NO.2)
THIS CRP IS FILED UNDER SECTION 115 OF THE CODE OF
CIVIL PROCEDURE, 1908, AGAINST THE ORDER DATED 11.10.2022
PASSED ON I.A.NO.V IN O.S.NO.507/2020 ON THE FILE OF THE IV
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,
BENGALURU, REJECTING THE I.A NO.V FILED UNDER ORDER 7 RULE
11(a) (c) AND (d) OF THE CODE OF CIVIL PROCEDURE, 1908.
IN CRP NO.104/2023:
BETWEEN:
SRI. H.C. PRAKASH
AGE 50 YEARS,
S/O G.R. CHANDRAHASAPPA.
R/AT LINGAPURA VILLAGE
HOSAHALLI KYAMP
HANAGAVADI POST
HONNALI TALUK
DAVANAGERE DISTRICT-577243
...PETITIONER
(BY SRI. DHRUVA KUMAR D.N., ADVOCATE)
- 12 -
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
AND:
1. SRI. MANJUNATHA
AGED ABOUT 45 YEARS
S/O LATE NARASIMHAMURTHY @ NARASIMHA
R/AT CHIKKABANAVARA VILLAGE,
YESHWANTHPURA HOBLI,
BENGALURU-560 090.
2. SRI. N. MARUTHI
AGED ABOUT 41 YEARS
S/O LATE NARASIMHAMURTHY @ NARASIMHA
R/AT NO.31, NEW NO.58,
OLD PANVHYATH ROAD,
CHIKKABANAVARA VILLAGE
YESHWANTHPURA HOBLI,
BENGALURU-560 090
3. SMT. JAYAMMA
AGED ABOUT 75 YEARS
W/O LATE NARSIMHAMURTHY @ NARASIMHA
R/AT NO.58, OLD PANVHYATH ROAD,
CHIKKABANAVARA VILLAGE,
YESHWANTHPURA HOBLI,
BENGALURU 560 090.
4. SMT. PADMA
AGED ABOUT 54 YEARS
D/O LATE NARASIMHAMURTHY @ NARASIMHA
W/O LATE SHATHISH
R/AT NO.92,
KEREGUDDADAHALLI VILLAGE,
CHIKKABANAVARA VILLAGE,
YESHWANTHPURA HOBLI,
BENGALURU 560 090.
5. SMT. NAGARATHNAMMA
AGED ABOUT 50 YEARS
D/O LATE NARASIMHAMURTHY @ NARASIMHA
W/O SRINIVASH
R/AT NO.273, SOMASHETIHALLI,
CHIKKABANAVARA VILLAGE,
YESHWANTHPURA HOBLI,
BENGALURU-560 090.
6. SMT. RADHA
AGED ABOUT 48 YEARS
D/O LATE NARASIMHAMURTHY @ NARASIMHA
W/O MANJUNATH
- 13 -
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
R/AT NO.58,
OLD PANVHYATH ROAD,
CHIKKABANAVARA VILLAGE
YESHWANTHPURA HOBLI
BENGALURU 560 090
7. SMT. CHANDRAKALA
AGED ABOUT 44 YEARS
D/O LATE NARSIMHAMURTHY @ NARASIMHA
W/O LATE SHEKAR
R/AT NO.160/1,
3RD CROSS ROAD,
SHARADAMBA NAGAR,
JALAHALLI VILLAGE,
BENGALURU-560 013.
8. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
DR. AMBEDKAR VEEDI,
BENGALURU 560 013
9. THE MYSORE STONEWARE PIPES AND
POTTERIES LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT
NO.30, SAPTAGIRI, GF-2, 10TH CROSS,
SADASHIVANAGARA,
R.M.V. EXTENSION,
BENGALURU-560 080
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. R.P. TRIVIKRAM
10. SRI. K.V. RAGHAVENDRA
CHIEF ACCOUNTANT OF 1ST DEFENDANT
NO.80, 6TH CROSS, GANDHINAGAR,
BENGALURU-560 009
11. SRI. H.S. SHANTHAKUMAR
S/O SIDDEGOWDA
AGED ABOUT 55 YEARS
12. SRI. D.C. GOVINDA REDDY
S/O D. GOVINDA REDDY
AGED ABOUT 62 YEARS
- 14 -
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
BOTH RESPONDENT NO.11 AND 12 ARE
RESIDING AT NO.3/9,
BERLIE STREET CROSS,
LANGFORD,
BENGALURU-560 025.
13. THE SHIVA SHAKTHI BUILDERS AND DEVELOPERS
HAVING ITS REGISTERED OFFICE AT
NO.57, DEVIKRUPA, 20TH 'A' CROSS,
1ST 'R' BLOCK, RAJAJINAGAR,
BENGALURU-560 010
REP BY ITS SOLE PROPRIETOR
SRI. H.N. SHIVA NANAJAIAH
S/O NANJAIAH
AGED ABOUT 64 YEARS
14. SRI. KARIYAPPA
S/O BALEGOEDA
AGED ABOUT 63 YEARS
R/AT NO.32, 1ST 'B' CROSS ROAD,
NANJAPPAREDDY GARDEN,
LIC COLONY MAIN ROAD,
YESHWANTHAPURA,
BENGALURU-560022.
15. SRI. K. SANTOSH
S/O N. KRISHNA
AGED ABOUT 33 YEARS
R/AT NO.232, 2ND BLOCK,
3RD PHASE, W C R,
BASAVESHWARA NAGAR
BENGALURU-560 079.
16. SRI. R.V. TELLIS
S/O LATE ALOSE YOURS TELLIS
AGED ABOUT 54 YEARS
R/AT NO.19/2, 7TH CROSS,
SUBEDARPALYA, YESHWANTHPURA,
BENGALURU-560 022.
17. KUMARI BHAVANA
D/O KASHINATH BHAIRAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.99, 4TH CROSS,
2ND STAGE, AGS LAYOUT,
MAHALAKSHMIPURAM,
BENGALURU-560 088.
- 15 -
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
18. SMT. M.C. KANAKA
W/O H.V. VIJAYKUMARI
AGED ABOUT 50 YEARS
R/AT HURALICHIKKANAHALLI VILLAGE,
CHIKKABANAVARA POST,
BENGALURU-560 090.
19. DR. P.A. SARMA
AGED ABOUT 82 YEARS
S/O LATE P.V. SATHYANARAYANA
R/AT NO.591, 14TH MAIN ROAD,
MEI LAYOUT,
NAGASANDRA POST,
BENGALURU-560 073.
20. MR. ADARAM
AGED ABOUT 58 YEARS,
S/O SAVARAMJI,
R/AT NO.1, 1ST CROSS,
15TH MAIN, HMT LAYOUT,
MATHIKERE,
BENGALURU-560 054.
21. MR. K.S. PRASADKUMAR
AGED ABOUT 61 YEARS
S/O LATE K.N. SATHYANARAYANA SETTY
R/AT NO.8/6, HMT MAIN ROAD,
"VASAVI NILAYA",
OPP. CANARA BANK,
MATHIKERE,
BENGALURU-560 054.
22. MRS. BHARATHI
W/O K S PRASADKUMAR
AGED ABOUT 56 YEARS
R/AT NO.8/6, HMT MAIN ROAD,
"VASAVI NILAYA",
OPP. CANARA BANK,
MATHIKERE,
BENGALURU-560 054.
23. SRI. HALEMANE VENKATKRISHNA RAMACHANDRA
S/O H.M. VENKATAKRISHNAIAH
AGED ABOUT 52 YEARS
24. SRI. HALEMANE VENKATAKRISHNA SUBRAMNAY
S/O H.M. VENKATAKRISHNAIAH
AGED ABOUT 50 YEARS
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CRP No. 19 of 2023
C/W CRP No. 104 of 2023
25. SMT. H.V. SHANTHAMMA
W/O H.M. VENKATAKRISHNAIAH
AGED ABOUT 71 YEARS
THE RESPONDENT NO.23 TO 25 ARE
RESIDING AT NO.13,
OLD SHANKARMUTT QUARTERS,
PAMPA MAHAKAVI ROAD,
SHANKARPURAM,
BASVANAGUDI,
BENGALURU-560 004.
26. SRI. ARVIND DESIKAN
S/O V. DESIKAN
R/AT NO.13, 70-71
PRINCESS SQUARE,
LONDON-W24NY,
UNITED KINGDOM,
REP. BY HIS FATHER V. DESIKAN
POWER OF ATTORNEY HOLDER
27. MR. V. DESIKAN
S/O LATE VARADARAJAN
AGED ABOUT 73 YEARS
R/AT NO.B-8,
VIJAY KIRAN APARTMENTS 32
VICTORIA ROAD
BENGALURU-560 047
28. SMT. C. VARALAKSHMI
AGED ABOUT 56 YEARS,
W/O H.N. SHIVANANJAIAH
R/AT NO.11, "DEVIKRUPA",
11TH 'A' CROSS, 2ND STAGE
WEST OF CHORD ROAD
BENGALURU-560 088
29. SMT. KAMKSHI BALASUBRAMANYAM
W/O LATE S. BALASUBRAMANYAM
AGED ABOUT 70 YEARS,
R/AT SAI MADHURA ENCLAVE,
J.P. NAGAR 1ST PHASE,
BENGALURU-560 078
30. SRI. V.S. CHANDRASHEKAR
S/O LATE S. KUMAR
AGED ABOUT 54 YEARS,
R/AT NO.46, 9TH CROSS,
- 17 -
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
28TH MAIN, J.P. NAGAR 1ST PHASE
BENGALURU-560 078
31. SRI. S. OMPRAKASH
S/O LATE S PANDURANGA RAO
AGED ABOUT 64 YEARS,
R/AT NO.159, 9TH MAIN ROAD
BCC LAYOUT, 2ND STAGE,
CHANDRA LAYOUT,
BENGALURU-560 057
32. SRI. D.M. LOHITH
S/O K.DUNDAIAH
AGED ABOUT 36 YEARS
R/AT NO.551, GEETHA NILAYA,
5TH MAIN, 2ND CROSS,
BHUVANESHWAR NAGAR,
T. DASARAHALLI
BENGALURU-560 057
33. SRI. ASHOKCHAND OSTWAL
S/O DHARAMCHAND OSTWAL
AGED ABOUT 60 YEARS,
R/AT C/O VIJYA OSTWAL,
AMARCHAND MARG,
PEDDAPALLI POST
KARIMNAGAR DISTRICT-505 172
34. SRI. T.J. YATHEENDRANATH
S/O LATE T.B. JAYASWAMY
AGED ABOUT 54 YEARS
R/AT NO.99A, JAYAMANGALA,
5TH MAIN ROAD, SHANKAR NAGAR,
BENGALURU-560 096
35. SRI. M. VENKATESH
S/O M.B. MARAANJINAPPA
AGED ABOUT 43 YEARS,
R/AT NO.76, 1ST MAIN ROAD,
ANJENEYA TEMPLE,
MALLASANDRA POST,
T. DASARAHALLI
BENGALURU-560 057
36. SMT. SUNITHA R RAO
W/O RAMACHANDRA RAO
AGED ABOUT 67 YEARS,
C/O V.K. CHANDRAKANTH
R/AT NO.33, 1ST MAIN ROAD,
- 18 -
CRP No. 19 of 2023
C/W CRP No. 104 of 2023
MARUTHI EXTENSION
BENGALURU-560021
37. R. KAMALAKANNAN
S/O RANGASWAMY
AGED ABOUT 65 YEARS
R/AT OLD NO.62, NEW NO.139
SRI. A.K. SWAMY NAGAR
3RD STREET, KIPAUK,
CHENNAI-600 010
38. SRI. K.G. BHARATH KUMAR
S/O LATE GURUPADASWAMY
R/AT HOLEMALLESHWARA ESTATE
HEBBASALE POST, SAKALESHPUR,
HASSAN DISTRICT-573134
39. SMT. KUMARI SONIKE K. RAJ
D/O V. KANAKARA
R/AT NO.124/125, 4TH CROSS,
VISHVESHWARA ENKSHEV
NEAR WEST JALAHALLI
KAMMAGONDANAHALLI
BENGALURU-560 015
40. SMT. GOWARAMMA
AGED ABOUT 66 YEARS
W/O VEERAPPA
R/AT 5TH CROSS,
KIRLOSKAR POUNTRI
YESHWANTHPURA
BENGALURU-560 022
41. SRI. H. SRIDHARA ITHAL
S/O LATE CHANNAKESHAVA ITHAL
AGED ABOUT 72 YEARS
R/AT NO.282/A, SRINIVASA NILAYA,
7TH 'A' CROSS, 2ND MAIN ROAD
MUTHYALANAGARA
BANDAPPANAGARA
M E S ROAD, WARD NO.17
B.C.C.J.P.C. PARK, GOKULA,
BENGALURU-560 054
42. SRI. MARIGOWDA
S/O CHIKKEGOWDA
AGED ABOUT 55 YEARS
R/AT NO.126, RAILWAY ROAD,
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CRP No. 19 of 2023
C/W CRP No. 104 of 2023
WEST KUMARA PARK,
BENGALURU-560020
43. SRI. J. CHINNARAJ
S/O GOVINDA
R/AT NO.1678/A,
S. RAMESH ROAD
PRASHANTHNAGARA
T. DASARAHALLI
BENGALURU-560 057
44. SRI. J. SHANKAR
S/O JAVARAIAH
AGED ABOUT 58 YEARS
R/AT NO.3, 1ST 'B' CROSS ROAD
NANJAPPA REDDY GARDEN
YESHWANTHAPURA
BENGALURU-560 022
45. SRI. M.A. RIYAZULLA
S/O M.A. AMEER
R/AT NO.940, 8TH CROSS
GOKULA EXTENSION, 1ST STAGE
1ST PHASE, BENGALURU-560 054
46. SMT. GOWRAMMA
W/O N. RAMAMURTHY
AGED ABOUT 59 YEARS
R/AT NO.438, 13TH CROSS
BHUVANESHWARI NAGARA
DASARAHALLI MAIN ROAD
HEBBALA FARM POST
BENGALURU-560 024
47. SRI. K. MUNISIDDAPPA
S/O LATE KUNNAPPA
AGED ABOUT 59 YEARS
R/AT NO.4, HESARGHATTA VILLAGE
1ST MAIN ROAD
M.R.C. BADAVANE
HESARAGHATTA HOBLI
BENGALURU-560 088
48. SRI. RAVIKUMAR
S/O SHIVALINGAPPA
AGED ABOUT 35 YEARS
R/AT NO.PARAVAGONDANAHALLI
VILLAGE, SARTHAVALLI POST
HONNAVALLI HOBLI
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CRP No. 19 of 2023
C/W CRP No. 104 of 2023
THIPATURU TALUK
TUMAKURU DISTRICT
49. SMT. K.N. GEETHA
AGED ABOUT 47 YEARS
W/O LATE M.S. INDRESHA
R/AT NO.33, KRISHNA NILAYA
1ST CROSS, NETHAGINAGARA
MATTIKERE,
BENGALURU-560054
50. SRI. M.S. INDRESHA
AGED ABOUT 51 YEARS
S/O LATE M.P. SHEKARAPPA
R/AT NO.33, KRISHNA NILAYA
1ST CROSS, NETHAGINAGARA
MATTIKERE
BENGALURU-560 054
51. SRI. A.V. VINCENT
AGED ABOUT 39 YEARS
S/O N.M. ABRAHAMA
R/AT NO.18/A, 29TH MAIN ROAD
BTM LAYOUT, 2ND STAGE
BENGALURU-560 076
REPRESENTED BY HIS GPA HOLDER
52. MR. RAJEEV NARAYAN
MAJOR IN AGE,
S/O S. NARAYAN KUTTY,
R/AT NO.61, K.B.G. ROAD,
SRIRAMPURAM,
BENGALURU-560 021.
53. SRI. ARJUN PRAKASH NAIR,
S/O RAJEEV NARAYAN,
AGED ABOUT 30 YEARS,
R/AT NO.61, K.B.G. ROAD,
SRIRAMPURAM,
BENGALURU-560 021.
54. SRI. ANANTHARAM
S/O H.M.RAMASWAMYREDDY,
AGED ABOUT 54 YEARS,
R/AT NO.380, 10TH CROSS,
29TH MAIN, HSR LAYOUT,
1ST SECTOR, AGARA POST,
BENGALURU-560 034.
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CRP No. 19 of 2023
C/W CRP No. 104 of 2023
55. SRI. G.N.C. REDDY
S/O G. NARASIMHAREDDY,
AGED ABOUT 60 YEARS,
R/AT NO.420, 5TH CROSS ROAD,
4TH MAIN, 3RD PHASE,
J.P.NAGARA, BENGALURU-560 078.
56. SRI. C. MUNIRAJU
S/O CHIKKAVEERAPPA,
AGED ABOUT 66 YEARS,
R/AT SAASUVEGHATTA VILLAGE,
HESARAGHATTA HOBLI,
BENGALURU NORTH TALUK-560 088.
57. SRI. NARSHIMAMURTHY
S/O HANMANTHARAYAPPA,
AGED ABOUT 52 YEARS,
R/AT NEERAKALLU VILLAGE,
CHINNENAHALLI POST,
MADHUGIRI TALUK,
TUMAKURU DISTRICT-572 133
58. SRI. S. MALLIKARJUNAIAH,
S/O LATE SHIVANANJAPPA,
AGED ABOUT 81 YEARS,
R/AT NO.105, "SHIVAMALLIKA" NILAYA,
BASAVESHWARANAGARA,
TURUVEKERE TOWN,
TURUVEKERE TALUK,
TUMUKURU DISTRICT-572 227.
59. BENGALURU DEVELOPMENT AUTHORITY,
(THE SPECIAL ADDITIONAL
LAND ACQUISITION OFFICER)
T. CHOWDAIAH ROAD,
BENGALURU-560 020.
...RESPONDENTS
(BY SRI. P.S. RAJAGOPAL, SENIOR COUNSEL, FOR
SRI. S.V. BHAT, ADVOCATE FOR RESPONDENT NOS.1 TO 7)
THIS CRP IS FILED UNDER SECTION 115 OF THE CODE OF
CIVIL PROCEDURE, 1908 AGAINST THE ORDER DATED 11.10.2022
PASSED ON IA No.IV IN O.S No.507/2020 ON THE FILE OF THE IV
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,
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CRP No. 19 of 2023
C/W CRP No. 104 of 2023
BENGALURU, REJECTING THE I.A No.IV FILED UNDER ORDER 7 RULE
11(d) OF THE CODE OF CIVIL PROEDURE.
THESE PETITIONS COMING ON FOR DICTATING ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
CRP No.19/2023 is filed by the defendant No.27 in O.S. No.507/2020 on the file of the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, challenging the Order dated 11.10.2022 passed therein by which an application (I.A. No.V) filed by him under Order VII Rule 11(a), (c) and (d) of the Code of Civil Procedure, 1908 (for short, the 'CPC') was rejected.
2. CRP No.104/2023 is filed by the defendant No.35 challenging the above said order by which application filed by him and defendant Nos.12, 13, 14, 21, 29, 33, 43 and 44 (I.A. No.IV) under Order VII Rule 11(d) of the CPC., was rejected.
3. The suit in O.S. No.507/2020 was filed for declaration that the plaintiffs were the absolute owners of the suit schedule item Nos.1 and 2 properties and consequently to declare that the sale deeds executed by defendant Nos.2 to 6 in
- 23 -
CRP No. 19 of 2023C/W CRP No. 104 of 2023 favour of defendant Nos.4 to 52 did not relate to suit schedule item Nos.1 and 2 properties and that the sale deeds were not binding on the plaintiffs. They also sought for perpetual injunction restraining the defendant No.53 from disbursing the compensation amount in respect of a portion of the suit schedule item Nos.1 and 2 properties in favour of defendant Nos.2 to 6 and for delivery of possession of portion of the suit schedule item Nos.1 and 2 properties to the plaintiffs and consequential relief of injunction.
4. The plaintiffs claimed title to the suit schedule item Nos.1 and 2 properties through Sri Narasappa. They claimed that their ancestors had not encumbered the said properties to anyone. However, the mutation in the revenue records were illegally ordered in the name of defendant No.2, without issuing any notice to them and without hearing them. They claimed that this illegal mutation was challenged by them before the Assistant Commissioner, Bengaluru North Taluk in R.A.(BNA) No.242/2008-09. They claimed that the appeal was dismissed and they approached the Deputy Commissioner, Bengaluru in Rev.Petition No.422/2011-12, where they came to know that defendant No.2 was a company, in whose favour his Highness
- 24 -
CRP No. 19 of 2023C/W CRP No. 104 of 2023 the Maharaja of Mysore had issued Orders dated 22.02.1937 and 24.06.1938 acquiring the suit schedule properties under the Land Acquisition Act, 1894 (for short, 'the Act of 1894') for industrial use. The plaintiffs claimed that defendant No.2 did not even exist as on the date of issuance of the notification dated 22.02.1937. The plaintiffs claimed that in order to ascertain the genuinity of the Orders dated 22.02.1937 and 24.06.1938, the plaintiffs sought information from the concerned authorities, who issued an endorsement that the suit schedule item Nos.1 and 2 properties were not acquired by the Government of His Highness the Maharaja of Mysore. The plaintiffs initiated several proceedings before several authorities, which culminated in filing the present suit.
5. The suit was contested by some of the defendants in the suit, who contended that the suit properties were acquired in the year 1937 and the defendant No.2 along with defendant Nos.3 and 6 executed several sale deeds conveying the sites formed therein in favour of defendant Nos.4 to 52. The defendant Nos.12, 13, 14, 21, 29, 33, 35, 43 and 44 filed an application (I.A. No.IV) under Order VII Rule 11(d) of the CPC., for rejection of the plaint on the ground that the plaintiffs
- 25 -
CRP No. 19 of 2023C/W CRP No. 104 of 2023 had no locus standi to file the suit and for want of cause of action and that the suit was barred by law. Defendant No.27 filed an application under Order VII Rule 11(a), (c) and (d) of the CPC., for rejection of the plaint for want of jurisdiction, proper cause of action, non-payment of court fee and on the ground that the suit was barred by the law of limitation. He claimed that the suit schedule item Nos.1 and 2 properties were acquired by the Government of His Highness the Maharaja of Mysore in terms of Order No.5644-54-1 and C-183-36-3 dated 22.02.1937 and Order No.D-9495-1 and C-183-36-29 dated 24.06.1938 and other properties in the name of defendant No.2 under the Act of 1894 for industrial purpose. They claimed that the plaintiffs were admittedly not in possession of the suit schedule properties from the year 1937- 38 and therefore, the suit is barred by the law of limitation under Article 64 of the Limitation Act, 1963 (for short, 'the Act of 1963'). It is further contended that the plaintiffs themselves had admitted that the suit schedule item Nos.1 and 2 properties were acquired and therefore, the jurisdiction of the Civil Court to entertain a suit under Section 9 of the CPC., stood excluded.
- 26 -
CRP No. 19 of 2023C/W CRP No. 104 of 2023
6. In response to these two applications, the plaintiffs claimed that after the acquisition of the suit schedule item Nos.1 and 2 properties, in the year 1937, the Government of His Highness The Maharaja of Mysore had issued an order dated 12.10.1941 cancelling the acquisition of the land to the extent of 118 acres 24 guntas in Chikkabanavara and Soladevanahalli villages and the compensation was not paid to the land owners and therefore, the acquisition was abandoned. They also contended that the suit schedule item Nos.1 and 2 properties were vacant agricultural lands lying within Bengaluru Urban District and that various proceedings were initiated in respect of the very same properties. In short, their contention was that though the suit schedule item Nos.1 and 2 properties were acquired in the year 1937, there is no evidence to show that a final notification was ever issued and compensation was paid to the land losers. In the absence of any such material, it was contended that the defendants could not claim that the plaintiffs had lost title to the suit schedule item Nos.1 and 2 properties.
7. Based on these rival contentions, the Trial Court considered the applications I.A. Nos.V and IV filed by defendant
- 27 -
CRP No. 19 of 2023C/W CRP No. 104 of 2023 No.27 and defendant Nos.12, 13, 14, 21, 29, 33, 35, 43 and 44 respectively as well as the objections filed by the plaintiffs along with the documents enclosed thereto and held that the plaint disclosed a clear cause of action and in view of the claim of the plaintiffs that there was no final notification issued by the Government of His Highness the Maharaja of Mysore in respect of acquisition of the suit schedule item Nos.1 and 2 properties, the contention of the defendants that the said properties were acquired had to be proved. Hence, it rejected both the applications in terms of the impugned order.
8. Being aggrieved by the same, the present petitions are filed.
9. Learned counsel for the petitioner in CRP No.19/2023 / defendant No.27 and learned counsel for the petitioner in CRP No.104/2023 / defendant No.35 submitted that the question whether the notification was issued by the State Government in respect of the suit properties or not and whether such acquisition was binding or not are all questions that have to be considered in a writ petition and not before the Civil Court. He further contended that the predecessors of the
- 28 -
CRP No. 19 of 2023C/W CRP No. 104 of 2023 plaintiffs themselves have received the compensation and therefore, they cannot now turn around and claim that the suit schedule item Nos.1 and 2 properties were not acquired. He further contended that the documents secured by the plaintiffs to contend that a final notification was not issued in respect of acquisition of the aforesaid properties and that his Highness Maharaja of Mysore had passed an order abandoning the acquisition of land are all concocted and a request made by the contesting defendants before the concerned authority to secure the said documents was turned down on the ground that the same were not available. He, therefore, contended that the plaintiffs have filed the present suit on an imaginary cause of action and the plaint is skillfully drafted to overcome the question of limitation. He submits that the suit properties were utilized for the formation of road after the same was duly converted in accordance with law and many allottees of sites are in possession of suit schedule item Nos.1 and 2 properties and therefore, the suit filed after nearly a century is not maintainable.
10. Per contra, the learned senior counsel for the plaintiff No.2 / respondent No.2 in CRP No.19/2023 and for
- 29 -
CRP No. 19 of 2023C/W CRP No. 104 of 2023 plaintiff Nos.1 to 7 / respondent Nos.1 to 7 in CRP No.104/2023 submitted that the question whether there was a final notification in respect of acquisition of land in question or not and whether the compensation in respect of acquisition of the land in question was paid to the owners or not are questions of fact that had to be determined by the Civil Court and not by this Court in these revision petitions. He submitted that even on a perusal of the notification dated 22.02.1937, it only indicates that the provisions of Section 17 of the Act of 1894 was invoked which meant that the requirement of complying Section 5A of the Act of 1894 was dispensed with. However, there is no dispensation of issuing a final notification under Section 6 of the Act of 1894 and therefore, contends that unless the land is acquired finally and the compensation is paid, the defendants cannot contend that the suit schedule item Nos.1 and 2 properties are acquired. Therefore, he contends that a suit to enforce the right of the plaintiffs is maintainable.
11. I have considered the submissions made by the learned counsel for the petitioners' as well as the learned senior counsel for the contesting respondent/s in both the petitions.
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CRP No. 19 of 2023C/W CRP No. 104 of 2023
12. As rightly contended by the learned senior counsel for the contesting respondent/s in these petitions, there is no material placed on record to indicate that after a preliminary notification invoking provisions of Section 17 of the Act of 1894 was issued, a final notification was issued and that compensation was paid to the land owners. The plaintiffs have claimed that the concerned authority has furnished an endorsement that the suit schedule item Nos.1 and 2 properties were not acquired by the Government of His Highness of Maharaja. They have now produced several documents, where it is found that a final notification was not issued and the compensation was not paid and hence, the acquisition was abandoned by the Government of His Highness of Maharaja. In the backdrop of these facts, but subject to proof, it cannot be contended by the defendants that the suit schedule item Nos.1 and 2 properties are acquired. As rightly contended by the learned senior counsel for the contesting respondent/s in these petitions, these questions are questions of fact which necessarily have to be decided by the Civil Court. The question whether the plaintiffs or their predecessors have received compensation and whether they lost possession of the land in
- 31 -
CRP No. 19 of 2023C/W CRP No. 104 of 2023 question long back and whether the defendants were in possession of the suit schedule item Nos.1 and 2 properties from the year 1937 and whether the said properties are developed into a layout of residential sites, where the defendants have put up construction or not are all matters that have to be tried and adjudicated upon. The plaintiffs have not sought for declaration in respect of the acquisition of the suit properties and therefore, the suit was maintainable before the Civil Court. In that view of the matter, the Trial court has gone into the assertions made by the plaintiffs as well as the defendants and has held that the assertions made by the defendants are questions of fact that have to be tried by the Civil Court and certainly not at an interlocutory stage particularly by considering applications under Order VII Rule 11(a), (c) and (d) of the CPC and therefore, it rightly rejected the applications - I.A. Nos.V and IV filed by defendant No.27 and defendant Nos.12, 13, 14, 21, 29, 33, 35, 43 and 44 respectively by the impugned Order. There is no error committed by the Trial court in doing so.
13. Consequently these petitions lack merit and are dismissed.
- 32 -
CRP No. 19 of 2023C/W CRP No. 104 of 2023
14. It is made clear that any observation made in the course of this order is only for the limited purpose of disposal of these petitions and shall not impact or affect the Trial Court in deciding the suit on merits. All contentions of the parties are left open.
15. In view of disposal of CRP No.19/2023, I.A. No.1/2023 for stay filed in the said petition does not survive for consideration and the same stands disposed off.
Sd/-
JUDGE SMA List No.: 1 Sl No.: 41