The High Court
Case Details
- 1 - NC: 2025:KHC:10274 MFA No. 8323 of 2024 C/W MFA No. 508 of 2025 MFA No. 511 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.8323 OF 2024 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.508 OF 2025 MISCELLANEOUS FIRST APPEAL NO.511 OF 2025 …APPELLANT IN MFA No.8323/2024: BETWEEN:
Legal Reasoning
SRI. VISHNUKUMAR B.K. S/O LATE M KRISHNAPPA, AGED ABOUT 46 YEARS, R/AT NO. 24 A-8, THOTADA NANJAPPA ROAD, MAGADI ROAD, BENGALURU – 560 023. (BY SRI. T M VENKATA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, MS BUILDING, VIDHANA VEEDI ROAD, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER OF POLICE BENGALURU WEST DIVISION, MAGADI ROAD, BENGALURU – 560 023. 3. THE ASSISTANT COMMISSIONER OF POLICE VIJAYANAGARA DIVISION, MAGADI ROAD, BENGALURU – 560 023. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10274 MFA No. 8323 of 2024 C/W MFA No. 508 of 2025 MFA No. 511 of 2025 4. THE ASSISTANT COMMISSIONER OF POLICE TRAFFIC VIJAYANGARA SUB DIVISION, MAGADI ROAD, BENGALURU – 560 023. 5. THE POLICE INSPECTOR MAGADI ROAD POLICE STATION, MAGADI ROAD, BENGALURU - 560 023. (BY SRI. BHANUPRAKASH, AAG AND SMT. RANSA VASANTI D.L, HCGP FOR R1 TO R5) …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 13.11.2024 PASSED ON I.A.NO.1 IN OS.NO.3572/2024 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-15, REJECTING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. IN MFA NO.508/2025: BETWEEN: SRI. N. SOMASHEKAR S/O LATE NARAYANAPPA, AGED ABOUT 58 YEARS, R/AT NO. 112, POLICE COLONY, BEHIND MAGADI ROAD POLICE STATION, MAGADI ROAD, BENGALURU - 560 023 (BY SRI. T M VENKATA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, MS BUILDING, VIDHANA VEEDI ROAD, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER OF POLICE, BENGALURU WEST DIVISION, MAGADI ROAD, BENGALURU – 560 023. ...APPELLANT - 3 - NC: 2025:KHC:10274 MFA No. 8323 of 2024 C/W MFA No. 508 of 2025 MFA No. 511 of 2025 3. 4. 5. THE ASSISTANT COMMISSIONER OF POLICE, VIJAYANAGAR DIVISION, MAGADI ROAD, BENGALURU – 560 023. THE ASSISTANT COMMISSIONER OF POLICE-TRAFFIC, VIJAYANAGARA SUB-DIVISION, MAGADI ROAD, BENGALURU – 560 023. THE POLICE INSPECTOR, MAGADI ROAD POLICE STATION, MAGADI ROAD, BENGALURU – 560 023 (BY SRI. BHANUPRAKASH AAG AND SMT. RANSA VASANTI D.L, HCGP FOR R1 TO R5) ...RESPONDENTS THIS MFA HAS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED13.11.2024 PASSED ON I.A.NO.1 IN OS.NO.3571/2024 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU SCCH-15 REJECTING THE IA.NO.1 THE FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. IN MFA NO. 511/2025 BETWEEN: SRI. M. SHIVANNA S/O LATE MUNISWAMAPPA AGED ABOUT 72 YEARS R/AT NO. 10, NEELANJANA NILAYA, THOTADA NANJAPPA ROAD, BEHIND MAGADI ROAD POLICE STATION, MAGADI ROAD, BENGALURU – 560 023. (BY SRI. T M VENKATA REDDY, ADVOCATE) AND 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, ...APPELLANT - 4 - NC: 2025:KHC:10274 MFA No. 8323 of 2024 C/W MFA No. 508 of 2025 MFA No. 511 of 2025 DEPARTMENT OF REVENUE, MS BUILDING, VIDHANA VEEDI ROAD, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER OF POLICE, BENGALURU WEST DIVISION, MAGADI ROAD, BENGALURU – 560 023. 3. THE ASSISTANT COMMISSIONER OF POLICE, VIJAYANAGAR DIVISION, MAGADI ROAD, BENGALURU – 560 023. 4. THE ASSISTANT COMMISSIONER OF POLICE-TRAFFIC, VIJAYANAGARA SUB-DIVISION, MAGADI ROAD, BENGALURU – 560 023. 5. THE POLICE INSPECTOR, MAGADI ROAD POLICE STATION, MAGADI ROAD, BENGALURU – 560 023 (BY SRI. BHANUPRAKASH AAG AND SMT. RANSA VASANTI D.L, HCGP FOR R1 TO R5) ...RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC. AGAINST THE ORDER DATED 13.11.2024 PASSED ON I.A. NO.1 IN O.S.NO. 3573/2024 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE. BENGALURU (CCH-15), REJECTING I.A.NO.1 FILED UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF CPC. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 5 - NC: 2025:KHC:10274 MFA No. 8323 of 2024 C/W MFA No. 508 of 2025 MFA No. 511 of 2025 ORAL JUDGMENT The plaintiffs being aggrieved by the orders dated 13.11.2024 passed on I.A.Nos.1/2024 filed under Order 39 Rules 1 and 2 of CPC in O.S.Nos.3572/2024, 3571/2024 and 3573/2024 respectively by the VIII Additional City Civil and Sessions Judge (CCH-15), Bengaluru, the appeals are filed praying for grant of temporary injunction. 2. The plaintiffs have filed suits for permanent injunction against the defendants/respondents contending that originally the plaintiffs’ grandfather and father were owners of the land measuring 5 acres 12 guntas and out of which 4 acres 20 guntas land was acquired by the Government for various purposes and the remaining land of 32 guntas left with the plaintiffs’ father and forefathers. With the allegation that defendants had encroached properties, the plaintiffs have filed the suit for permanent injunction. - 6 - NC: 2025:KHC:10274 MFA No. 8323 of 2024 C/W MFA No. 508 of 2025 MFA No. 511 of 2025 3. The said suits were contested by the defendants/respondents by filing written statement. The trial court upon considering the applications - I.A.Nos.1/2024 in each suit filed under Order 39 has observed that the plaintiffs are not in possession of the property. Further regarding the ownership of the property the dispute is still pending before the Civil Court. Further the defendants have not changed the nature of property either by destruction or construction. Hence, there is no change of nature of property and the defendants are using the said property merely for parking purpose. Therefore, trial court dismissed the applications. 4. It is the contention of the defendants that the land belongs to the Government and the Government authorities are using the said land for parking purpose. When this being the dispute regarding identity of the property and moreover when the plaintiffs are not in possession of the property, the plaintiffs have filed IA Nos.1/2024 so as to grant an interim order of temporary - 7 - NC: 2025:KHC:10274 MFA No. 8323 of 2024 C/W MFA No. 508 of 2025 MFA No. 511 of 2025 injunction. Observations made by the trial court in this regard is found to be correct. Furthermore when the identity and demarcation of the property is in dispute, the trial court has observed that it is proper for making local investigation and survey to be conducted by the Government Authorities. When this being the dispute regarding the ownership of title, demarcation and undivided property, the trial court is correct in dismissing the applications. 5. Under these facts and circumstances, the trial court appointed the Assistant Director of Land Records and Assistant Executive Engineer of the concerned jurisdiction as Court Commissioners and ordered to conduct local investigation and submit report with regard to the boundaries of the property in dispute. Therefore, the trial court is not only correct in rejecting the applications, but it is also correct in ordering for conducting joint survey and local investigation of the schedule property for resolving the dispute. Therefore, there is no perversity in the orders - 8 - NC: 2025:KHC:10274 MFA No. 8323 of 2024 C/W MFA No. 508 of 2025 MFA No. 511 of 2025 passed by the trial court and as such, prayers sought for by the plaintiffs are liable to be dismissed. Accordingly, appeals are dismissed. 6. Both the plaintiffs and defendants are permitted to file the Memo of Instructions before conducting the joint survey and investigation. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 41