SMT. SUJATHA v. SRI. N.R. NAGARAJ
Case Details
W/O SRI S. VENKATESH AGED ABOUT 60 YEARS R/AT NO.420, 4TH CROSS 5TH MAIN, KENGERI SATELLITE TOWN BENGALURU-560 060 REPRESENTED BY HER GPA HOLDER DHARMALINGAM Location: HIGH COURT OF KARNATAKA MR. ABDUL ALEEM S/O. ABDUL MAJID AGED ABOUT 57 YEARS RESIDING AT NO.250 5TH 'A' MAIN, HRBR 2ND BLOCK KALYAN NAGAR BENGALURU-560 043 (BY SRI. ABHINAV R, ADVOCATE) …PETITIONER - 2 - NC: 2024:KHC:31257 WP No. 19506 of 2024 C/W WP No. 19549 of 2024 WP No. 19903 of 2024 AND:
1. SRI. N.R. NAGARAJ S/O LATE RAME GOWDA AGED ABOUT 58 YEARS R/AT NO.6, KATRIGUPPE MAIN ROAD BSK 3RD STAGE BENGALURU-560 085
2. SRI. MIRLE VARDARAJ S/O SRI BOREGOWDA AGED ABOUT 64 YEARS R/AT NO.544, 5TH MAIN KENGERI SATELLITE TOWN BENGALURU-560 060
3. INDIRA PRIYADARSHINI HOUSING CO-OPERATIVE HOUSING SOCIETY AT NO.417, 9TH 'E' MAIN ROAD 2ND CROSS, VIJAYANAGAR BENGALURU-560 040 REPRESENTED BY ITS SECRETARY MR. IQBAL PASHA REG. UNDER KARNATAKA CO-OP SOCIETIES ACT, 1959
4. SMT. JAIKUMARI W/O RAJKUMAR AGED ABOUT 51 YEARS R/AT NO.J 51, ANJENEYA BLOCK SHESHADRIPURAM BENGALURU-560 085
5. SRI. RAVI SHANKAR S/O SIDDEGOWDA AGED ABOUT 61 YEARS R/AT NO.1016, 25TH MAIN 39TH CROSS, 4TH I BLOCK JAYANAGAR BENGALURU-560 011 (BY SRI. SHARATH S. GOWDA A/W SRI. MANJUNATH S, ADVOCATES FOR R2) …RESPONDENTS - 3 - NC: 2024:KHC:31257 WP No. 19506 of 2024 C/W WP No. 19549 of 2024 WP No. 19903 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05/06/2024 PASSED IN OS NO. 6824/2005 BY THE III ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-25) AT ANNEXURE-N TO THE WP AND CONSEQUENTLY ALLOW THE IA DATED 13/02/2024 FILED BY THE PETITIONER UNDER SECTION 151 OF CPC. IN WRIT PETITION NO. 19549 OF 2024 BETWEEN: MR. U.K. MOHAMMED S/O SRI. M. ABDUL KADAR AGED ABOUT 68 YEARS R/AT NO.16/1 SUNDERNAGAR, GOKUL BENGALURU-560 054 REPRESENTED BY HER GPA HOLDER MR. ABDUL ALEEM S/O. ABDUL MAJID AGED ABOUT 57 YEARS RESIDING AT NO.250 5TH 'A' MAIN, HRBR 2ND BLOCK KALYAN NAGAR BENGALURU-560 043 (BY SRI. ABHINAV R, ADVOCATE) AND:
1. SRI. N.R. NAGARAJ S/O LATE RAME GOWDA AGED ABOUT 58 YEARS R/AT NO.6, KATRIGUPPE MAIN ROAD BSK 3RD STAGE BENGALURU-560 085 …PETITIONER - 4 - NC: 2024:KHC:31257 WP No. 19506 of 2024 C/W WP No. 19549 of 2024 WP No. 19903 of 2024
2. SRI. MIRLE VARDARAJ S/O SRI BOREGOWDA AGED ABOUT 64 YEARS R/AT NO.544, 5TH MAIN KENGERI SATELLITE TOWN BENGALURU-560 060
3. INDIRA PRIYADARSHINI HOUSING CO-OPERATIVE HOUSING SOCIETY AT NO.417, 9TH 'E' MAIN ROAD 2ND CROSS, VIJAYANAGAR BENGALURU-560 040 REPRESENTED BY ITS SECRETARY MR. IQBAL PASHA REG. UNDER KARNATAKA CO-OP SOCIETIES ACT, 1959
4. SRI. H. SUNDARESH S/O LATE N. HONNAPPA AGED ABOUT 66 YEARS R/AT NO.57, 14TH CROSS 1ST MAIN, M.T.S SATELLITE TWON BENGALURU-560 060
5. SRI. RAMESH BABU S/O B.R. NARAYANASWAMY NAIDU MAJOR R/AT NO.J 51 ANJENEYA BLOCK SHESHADRIPURAM BENGALURU-560 0089 …RESPONDENTS (BY SRI. SHARATH S. GOWDA A/W SRI. MANJUNATH S, ADVOCATES FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05/06/2024 PASSED IN OS NO. 6825/2005 BY THE III ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-25) AT ANNEXURE-N TO THE WP AND CONSEQUENTLY - 5 - NC: 2024:KHC:31257 WP No. 19506 of 2024 C/W WP No. 19549 of 2024 WP No. 19903 of 2024 ALLOW THE IA DATED 13/02/2024 FILED BY THE PETITIONER UNDER SECTION 151 OF CPC. IN WRIT PETITION NO. 19903 OF 2024 BETWEEN: MS. M.K. BANU D/O M. ABDUL RAHMAN AGED ABOUT 67 YEARS R/AT NO.174/F, 1ST MAIN V.R.NAGAR BENGALURU-560 023 REPRESENTED BY THEIR GPA HOLDER M.K. HASSAN S/O H. MOOSA AGED ABOUT 56 YEARS R/AT GARDEN FLAT NO.1104/F TOWNER MAGADI ROAD NEAR BINNEY MILL BENGALURU-560 043 (BY SRI. ABHINAV R, ADVOCATE) AND:
1. SRI. N.R. NAGARAJ S/O LATE RAME GOWDA AGED ABOUT 58 YEARS R/AT NO.6, KATRIGUPPE MAIN ROAD BSK 3RD STAGE BENGALURU-560 085
2. SRI. MIRLE VARDARAJ S/O SRI BOREGOWDA AGED ABOUT 64 YEARS …PETITIONER - 6 - NC: 2024:KHC:31257 WP No. 19506 of 2024 C/W WP No. 19549 of 2024 WP No. 19903 of 2024 R/AT NO.544, 5TH MAIN KENGERI SATELLITE TOWN BENGALURU-560 060
3. INDIRA PRIYADARSHINI HOUSING CO-OPERATIVE HOUSING SOCIETY AT NO.417, 9TH 'E' MAIN ROAD 2ND CROSS, VIJAYANAGAR BENGALURU-560 040 REPRESENTED BY ITS SECRETARY MR. IQBAL PASHA REG. UNDER KARNATAKA CO-OP SOCIETIES ACT, 1959
4. SRI. RAMESH BABU S/O B.R. NARAYANASWAMY NAIDU AGED ABOUT 62 YEARS R/AT NO.'J' 51 ANJENEYA BLOCK SHESHADRIPURAM BENGALURU-560 0089 …RESPONDENTS (BY SRI. SHARATH S. GOWDA A/W SRI. MANJUNATH S, ADVOCATES FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05/06/2024 PASSED IN OS NO. 6829/2005 BY THE III ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-25) AT ANNEXURE-N TO THE WP AND CONSEQUENTLY ALLOW THE IA DATED 13/02/2024 FILED BY THE PETITIONER UNDER SECTION 151 OF CPC VIDE ANNEXURE-L. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS - 7 - NC: 2024:KHC:31257 WP No. 19506 of 2024 C/W WP No. 19549 of 2024 WP No. 19903 of 2024 ORAL ORDER All these three writ petitions arise out of suits which are filed by the purchasers of individual residential sites and the respondents are common, being the persons who claim ownership over the larger extent of land out of which the sites are said to be carved. The suits were filed in the year 2005-2006. The issue brought before this Court is regarding instructions to be given the Court Commissioner. Earlier the orders passed by the trial Court for appointment of a Court Commissioner were also under the challenge before this Court and finally, this Court permitted appointment of Commissioner in terms of its order dated 30.09.2011 in W.P.No.31847/2011. However, subsequently, the parties were also aggrieved of the instructions given to the Court Commissioner. That again brought the parties before this Court and in W.P.No.41610/2012 by order dated 07.02.2013 this Court directed that the Commissioner has to identify and demarcate the suit schedule property with reference to the documents relied upon by parties. - 8 - NC: 2024:KHC:31257 WP No. 19506 of 2024 C/W WP No. 19549 of 2024 WP No. 19903 of 2024
2. Accordingly, the trial Court passed an order on
03.01.2018 rejecting the memos dated 16.01.2016 while directing the plaintiffs to furnish the approved layout plan, if any, failing which the Court will proceed in the matter of giving instructions to the Court Commissioner to proceed and file a report. In the meanwhile, the suits were dismissed for non-prosecution but they were restored subsequently and the impugned order has been passed by the trial Court on 05.06.2024, rejecting the I.As. filed by the plaintiffs under Section 151 of CPC declining to recall the order dated 03.01.2018. The petitioners are before this Court seeking to set aside the said order dated
05.06.2024 and to recall the order dated 03.01.2018.
3. After hearing the learned counsel for the petitioners and the learned counsel for the respondent Nos. 1 and 2 who are contesting defendants, this Court made certain suggestions to the learned counsels. Having regard to the nature of the dispute brought before the trial Court and since the plaintiffs are contending that they - 9 - NC: 2024:KHC:31257 WP No. 19506 of 2024 C/W WP No. 19549 of 2024 WP No. 19903 of 2024 have purchased individual residential sites carved in a layout formed by the 3rd respondent herein in Sy.No.22/1, it would be unreasonable for the Court to call upon the plaintiffs to furnish an approved layout plan. In that view of the matter, this Court suggested that the Court Commissioner should be permitted to proceed to conduct a survey by inspection and submit a report having regard to the plan submitted by the plaintiffs along with the plaint. The said layout plan is produced in this writ petition at Annexure-'H'. This Court is of the considered opinion that there has to be some information made available to the Court Commissioner to proceed and he can verify from such document as to whether the sites have been formed in terms of the plan that are submitted by the plaintiffs and if it is found that the layout itself has been formed accordingly, the Court Commissioner may say so or if he finds that there are no sites formed in terms of the plan, but there is some material which could show that the sites of the plaintiffs have been formed, the same may be said in the report. Ultimately, the report of the Court - 10 - NC: 2024:KHC:31257 WP No. 19506 of 2024 C/W WP No. 19549 of 2024 WP No. 19903 of 2024 Commissioner shall not be the final say on the issue brought before the Court. All contentions will be left open.
4. For this suggestion put forth by the Court the learned counsels have agreed. Therefore, the writ petitions stands disposed of permitting the Court Commissioner to proceed to file a report in terms of the instructions given by the Court but the Court Commissioner will have to proceed in terms of the plan submitted by the plaintiffs and the insistence upon the approved layout plan is hereby set aside. Ordered accordingly. Sd/- (R DEVDAS) JUDGE PSJ List No.: 1 Sl No.: 12