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3. The narration of the facts of the first batch of appeals is with reference to O.S.No.9554/2006. In all of them, the identical judgments are rendered on the identical set of facts. To avoid the confusion, the parties are being referred to as per their ranks in the suit proceedings. The plaintiff (respondent No.1 herein) filed the suit seeking the relief of declaration that the judgment and decree, dated 4.9.2006 in O.S.No.7425/2006 and the judgment and decree, dated 26.9.2006 in O.S.No.8296/2006 are null and void and are not binding on the plaintiff in as far as they pertain to the suit schedule property. The further relief sought is for declaring that the documents created pursuant to the said decrees are null and void and are not binding upon him. He has also sought the permanent injunction against the defendants for restraining them from interfering in his peaceful possession and enjoyment of the suit schedule property. The plaintiff's case in brief is that the property bearing Survey No.50/2 of Hoodi Village measuring 3 acres 22 guntas originally belonged to Sri Dodda Channnappa. It has fallen to the share of the said Dodda Channnappa in the family partition deed, dated 18.7.1985. Dodda Channnappa along with his family members, including the first defendant, executed the registered general power of attorney in favour of the defendant No.6. The defendant No.6 formed the revenue layout on the said land carving out 91 sites of different measurements. One such site is sold to one Manickyam, who in turn sold it to the plaintiff for a valuable consideration. It bears site No.69, which is morefully described in the suit schedule. The plaintiff claims that the khatha is mutated in his name and that he has been paying the property tax regularly.

7. The defendant No.6 filed the written statement claiming that the land at Survey No.50/2 of Hoodi Village measuring 9 acre 25 guntas originally belonged to Papaiah. On his demise, the oral family partition took place amongst his sons, in which 3 acres 22 guntas fell to the share of Dodda Channnappa (his sons Muniswamappa and Gopal), 3 acres 9 guntas fell to the share of Chikka Channappa (his sons C.Sudarshan, C.Krishnappa and Shekar) and 3 acres 9 guntas to Sri D.Govindappa (his sons Jayasheela and Ravi Shekar). They entered into an agreement of sale in favour of the defendant No.6 in respect of 5 acres 25 guntas of the said land. They entered into an agreement, dated 20.5.1987 to sell the entire land to the defendant No.6. He also claims to be the registered power of attorney holder of the persons claiming under Dodda Channnappa in respect of the lands in question. He claims to have obtained the non- agricultural conversion and the approval for the layout and thereafter formed the layout and sold the sites to various persons. He alleges that the decrees in O.S.No.7425/2006 and O.S.No.8296/2006 are obtained behind the back of himself and of the plaintiff by suppressing the material facts, which amounts to the abuse of the process of court.

42. He submits that the endorsement (Ex.D17) issued by the Mahadevapura City Municipal Council is sought to be misinterpreted by the defendant No.5. The endorsement is issued by the office of the City Municipal Council of Mahadevapura. But the approval for the layout is given by the Hoodi Grama Panchayat, which subsequently came to be merged in Mahadevapura City Municipal Council. He submits that the khathas were first issued by the Hoodi Grama Panchayat and later by the Mahadevapura City Municipal Council. The properties were assessed for tax by the said local bodies. He submits that the concerned local body has even been sanctioning the plan for the construction of the building on the suit schedule properties.

76. Nothing turns on Ex.D17 in favour of the defendant No.5. It is an endorsement issued by the Office of the City Municipal Council, Mahadevapura to the effect that it has not accorded the approval to the formation of the layout in the land at Survey No.50/2 of Hoodi Village. Because Hoodi Gram Panchayat is subsequently merged in Mahadevapura City Municipal Council. The approval for the layout may have been given by the predecessor of Mahadevapura City Municipal Council, namely, Hoodi Gram Panchayat.