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21. Apart from the above-mentioned reliefs, the appellant also seeks to substitute the schedule of the property by stating as to what are the 'A','B' and 'C' schedule properties. The averment in the plaint and the proposed amendment of the schedule is as below:-

DETAILS OF SUIT SCHEDULE PROPERTY In RFA No.2091/2005 (O.S.No.2500/1990) Plaint Amendment of WS sought under SCHEDULE "A" PROPERTY Immovable property-vacant site All that piece and parcel of vacant adjoining the construed portion of site and building belonging to Sri.Mariguruswamigala Kudure Marguruswamigala Kudure Samadhi Gaddige Samadhi bearing No.U- Gaddige Mutt/Temple in original 37, Karnik Road (Old Adi Revenue Survey No-13, Re-Sy No-1 Basaveswara temple road), of Karanjibeesanahalli village, Kasaba Shankarapuram, Bangalore-4, Hobli, Bangalore North Taluk, measuring at Eastern side of Mutt Presently Bearing No- U-37 situated
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NC: 2024:KHC:53026 feets as shown in the rough sketch and bounded on as follows:-
EAST BY: Government property as per New extension committee sketch dated 17/03/1910 WEST BY: Sree Mariguruswamigala kudure Samadhi Gaddige Mutt/temple constructed portion and remaining land belonging to the said Temple/mutt and there after Old Basawanagudi Road presently Kamic Road NORTH BY:- Government property as per New extension committee sketch dated 17/03/1910 SOUTH BY: - North Road of Basawanagudi extension SCHEDULE "C" PROPERTY (Subject matter of the suit illegal construction area) The illegal construction adjoining the northern side of the constructed portion of the Sree Mariguruswamigala Kudure Samadhi Gaddige mutt/temple in original Revenue Survey no-13 Re-Sy No-1 of Karanjibeesanahalli village, Kasaba Hobli, Bangalore. North Taluk. Presently Bearing No-U-37 situated at Karnic Road. BBMP Ward No-
EAST BY: Government property as per New extension committee sketch dated 17/03/1910 WEST BY: - Old Basawanagudi Road presently Karnic Road NORTH BY: Sree Mariguruswamigala Kudure Samadhi Gaddige mutt/Temple building SOUTH BY: North Road of Basawanagudi extension (Vani Vilas Road)
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NC: 2024:KHC:53026 In RFA No.1015/2006 (O.S.No.457/1997) IA No.2/2021 Plaint Amendment of WS sought under SCHEDULE COUNTER CLAIM SCHEDULE PROPERTY The entire property No. 1/10, Karnic Road, Hemavathi' by All that piece and parcel of vacant name, Basavanagudi, Bangalore- site and building belonging to 4, containing one main twelling Marguruswamigala kudure Samadhi house with porch, one small Gadduge mutt/ temple in original dwelling and out house with Revenue Survey no-13. Re-Sy No-1 garage servants quarters, of Karanjibeesanahalli village, Kasaba Lavatory washing yard, etc. the Hobli, Bangalore North Taluk, buildings are facing south The Presently situated at Karnic Road, main gate is operating towards BBMP Ward No-142.Shankarpuram, the karnic road, to the west. Bangalore-560004 and measuring There is another gate opening into East to west Northern side:- 35 feets conservancy lane, to the East a and East to west Southern side:- 80 plot of an area about 22,344 feets and North to south Eastern Square feet an is bounded by a side:-130 feets and North to south compound wall on all the other Western side:- 133 feets as per four sides bounded as follows:- Sketch dated 17/03/1910 of the New extension committee of the city East -Conservancy road 132 feet;

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NC: 2024:KHC:53026 to approach the Regional Commissioner for cancellation of Khata.

iv) He points out that the historical background also shows that the Mutt was constructed by Mariguru Swamigalu of Bellary in between 1799 to 1869. The Maharaja of Mysore earmarked a portion of original S.No.13 to the Mutt in memory of their demised 'pattada Kudure (Royal Horse of swamiji)' consisting of stone pillars and stone slabs. Therefore, learned Senior Counsel has tried to convince this Court saying that the Kallu-Mantapa has the Samadhi of the horse of the Mariguru Swamigalu and over the said samadhi, there is Eshwar Lingam which is being worshiped by the devotees. He submits that the Mariyogeshawara Purana which was subject matter of research by one of the scholar is also produced by way of additional documents under Order 41 Rule 27 of CPC.