Disposed

Sri. K.N. Dayananda Murthy v. the Secretary

Karnataka HC11 Sept 2024RFA/24/2015

Case brief

AI extract

What is this about?

First appeal against dismissal of a permanent injunction suit over sites in Sy.No.51, Laggere. Based on D.W.1's admission of possession and appellant's affidavit disclaiming rights in Sy.No.68/1, appeal disposed protecting possession while reserving the Centre's right to act in law.

What did the court decide?

Appeal disposed; appellant's possession protected as admitted by D.W.1; right reserved for Secretary, Destitute Rehabilitation Centre to take appropriate action; plaintiff barred from claiming Sy.No.6

Sri. K.N. Dayananda Murthy Vs the Secretary — Specific Performance | Karnataka HC (2024)

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NC: 2024:KHC:37423 RFA No. 24 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL No.24 OF 2015 (INJ)

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BETWEEN:

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SRI. K.N. DAYANANDA MURTHY S/O LATE B NARASIMHAIAH, AGED ABOUT 54 YEARS, RESIDING AT NO.5, VYBHAVALAKSHMI NARASIMHA NILAYA 7^TH MAIN, BEHIND AMBA BHAVANI TEMPLE, KAMAKSHIPALYA, MAGADI MAIN ROAD, BENGALURU-560 079

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…APPELLANT

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(BY SRI NAGAIAH, ADVOCATE)

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AND:

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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THE SECRETARY DESTITUTE REHABILITATION CENTRE (BEGGERS’ COLONY) SRIGANDADAKAVALU, MAGADI MAIN ROAD, BENGALURU-560 079

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THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001

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…RESPONDENTS (BY SRI KANTHARAJU, SENIOR COUNSEL A/W SRI RAVI.H.K, ADVOCATE FOR R1; SRI T.P.MALIPATIL, AGA FOR R2)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 3.11.2014 PASSED IN O.S.No.8679/2007 ON THE FILE OF IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.

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NC: 2024:KHC:37423 RFA No. 24 of 2015

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Sri K.N.Dayananda Murthyappellant is present. Respondent is not present. Sri Kantharaju, learned Senior Advocate along with Sri Ravi H.K. advocate for respondent No.1 is present.

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A better affidavit is filed by the appellant. Affidavit is extracted herein for ready reference and for the sake of certainty.

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AFFIDAVIT

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I, K.N.Dayananda Murthy, Son of late B.Narasimhaiah, Aged about 63 years, Residing at No.5, Vybhavalakshmi Narasimha Nilaya', 7th Main, Behind Amba Bhavani Temple, Kamakshipalya, Magadi Main Road, Bengaluru-560079, do hereby solemnly affirm and state on oath as follows:-

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1. 1 state that I have filed the suit in O.S No.8679/2007 on the file of IX Additional City Civil and Sessions Judge, at Bengaluru (CCH-5) against the Respondents for the relief of decree of Permanent Injunction in respect of the 'A' to 'J' Schedule Properties which are the sites formed in land bearing Survey No.51 of Laggere Village, Yeshwanthapura Hobli, Bengaluru North Taluk. The Defendant in OS No.8679/2007 has filed the Written Statement Defendant never interfered with the plaint schedule properties which are the part of land in Survey No.51 of Laggere Village,

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NC: 2024:KHC:37423 RFA No. 24 of 2015

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which are in my possession at any point of time. The Defendant further averred in the Written Statement that I have occupied 10 Guntas of land in Survey No.68/1 of Srigandhadakaval Village, Yeshwanthapura Hobli, Bengaluru North Taluk, which belong to the Defendant.

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2. I state that I have no right, title and interest in the land bearing Survey No.68/1 of Srigandhadakaval Village, Yeshwanthapura Hobli, Bengaluru North Taluk. I am interested only in respect of land in Survey No.51 of Laggere Village and I pray that this Hon'ble Court to grant the decree of Permanent Injunction in respect of the plaint Schedule Properties against the Defendant not to interfere in possession of plaint Schedule Properties described in Schedule 'A' to 'J' in O.S.No.8679/ 2007 which belong to me. Hence this affidavit.

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WHEREFORE, I pray that this Hon'ble Court may be pleased to allow this appeal decreeing the suit of Permanent Injunction against the Defendants in respect of 'A' to 'J' Schedule properties in OS No.8679/2007, in the interest of justice and equity.

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I, the Deponent do hereby declare and verify that this is my name and signature and what is stated above are true and correct to the best of knowledge, information and belief.

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Placing the affidavit on record, matter can be disposed of is the submission made on behalf of the parties.

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Facts in brief which are utmost necessary for disposal of the present appeal are as under:

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NC: 2024:KHC:37423 RFA No. 24 of 2015

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A suit was filed by the appellant herein for the relief of permanent injunction in respect of following property hereinafter referred to as suit properties:

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‘A’ SCHEDULE

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All that piece and parcel of property bearing site No.46 of Laggere village, Yeshwanthpur Hobli, Bangalore North Taluk, measuring East to West: 52 feet and North to South 45+30/2 feet which is bounded on the:

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East by : 30 ft. road, West by : Government land, North by : Site No.47, South by : Road.

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‘B’ SCHEDULE

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All that piece and parcel of property bearing site No.47, carved out of Sy.No.51 of Laggere village, Yeshwanthpur Hobli, Bangalore North Taluk, measuring East to West: 52 feet and North to South 30 feet which is bounded on the:

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East by : Road, West by : Private property, North by : Site No.48, South by : Site No.46.

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‘C’ SCHEDULE

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All that piece and parcel of property bearing site No.48, carved out of Sy.No.51 of Laggere village, Yeshwanthpur

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NC: 2024:KHC:37423 RFA No. 24 of 2015

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Hobli, Bangalore North Taluk, measuring East to West: 52 feet and North to South 30 feet which is bounded on the:

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East by : Road, West by : Private property, North by : Site No.49, South by : Site No.48.

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‘D’ SCHEDULE

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All that piece and parcel of property bearing site No.35, carved out of Sy.No.51 of Laggere village, Yeshwanthpur Hobli, Bangalore North Taluk, measuring East to West:67+57/2 feet and North to South 50+40/2 feet which is bounded on the:

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East by : Drain, West by : 30 ft. Road, North by : Karnataka Housing Society land, South by : Site of Gowramma.

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‘E’ SCHEDULE

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All that piece and parcel of property bearing site No.43, carved out of Sy.No.51, bearing Khata No.563 of Laggere village, Yeshwanthpur Hobli, Bangalore North Taluk, measuring East to West:45+53/2 feet and North to South 34+30/2 feet which is bounded on the:

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East by : Drain, West by : 30 ft. Road, North by : Site No.42, South by : Site No.45.

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NC: 2024:KHC:37423 RFA No. 24 of 2015

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‘F’ SCHEDULE

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All that piece and parcel of property bearing site No.45, carved out of Sy.No.51, bearing Khata No.561, assessment No.51 of Laggere village, Yeshwanthpur Hobli, Bangalore North Taluk, measuring East to West:34+36 feet and North to South 60+44/2 feet which is bounded on the:

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East by : Site No.44, West by : 30 ft. Road, North by : Site No.43, South by : 20 ft. road. ‘G’ SCHEDULE

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All that piece and parcel of property bearing site Nos.49, 50 and 51, carved out of Sy.No.51 of Laggere village, Yeshwanthpur Hobli, Bangalore North Taluk, jointly measuring East to West:50 feet and North to South 90 feet which are jointly bounded on the:

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East by : 30 ft road, West by : Government land, North by : Site No.52, South by : Site No.48.

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‘H’ SCHEDULE

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All that piece and parcel of property bearing site No.41, carved out of Sy.No.51 of Laggere village, Yeshwanthpur Hobli, Bangalore North Taluk, measuring East to

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NC: 2024:KHC:37423 RFA No. 24 of 2015

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West:30 feet and North to South 62 feet, which is bounded on the:

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East by : Drain, West by : 30 ft. Road, North by : 30 ft. road, South by : Site No.42. ‘J’ SCHEDULE

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All that piece and parcel of property bearing site Nos.52, 53 and 54, carved out of Sy.No.51 of Laggere village, Yeshwanthpur Hobli, Bangalore North Taluk, jointly measuring East to West:100 feet and North to South 56 feet which are jointly bounded on the:

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East by : Site No.51, West by : Pillappa’s land, North by : 30 ft. road, South by : defendant’s property.”

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Suit, on contest, came to be dismissed. Thereafter, unsuccessful plaintiff has filed the present appeal.

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Sri Nagaiah, learned counsel for the appellant while arguing the matter on merits brought to the notice of the Court that D.W.1 who is the Officer of the defendant made a categorical admission that the plaintiff is in possession of the

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NC: 2024:KHC:37423 RFA No. 24 of 2015

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suit property. Therefore, learned Trial Judge dismissing the suit is incorrect.

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After hearing the arguments of both sides, this Court has noted that there is some serious dispute as to the very identity of the property. It is in that context the affidavit referred above came to be filed.

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Admittedly, claim of the plaintiff is in respect of Sy.No.51 of Srigandhadakaval, Hamlet village of Laggere, Magadi Main Road, Bengaluru. Contents of the affidavit would make it clear that the plaintiff would not claim any right whatsoever in respect of Sy.No.68 or 68/1 of Laggere village.

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Taking note of the admissions made by D.W.1 before the Trial Court, the possession of the appellant needs to be protected until the Secretary for Destitute Rehabilitation Centre (Beggars Colony) takes appropriate action against the plaintiff for redressal of the grievance of the Destitute Rehabilitation Centre (Beggars Colony).

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Accordingly, the following:

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NC: 2024:KHC:37423 RFA No. 24 of 2015

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ORDER

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(i) Appeal stands disposed of placing affidavit of the appellant on record, referred to supra.

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(ii) Possession of the appellant/plaintiff as is admitted by the D.W.1 is taken note of and right is reserved for the Secretary, Destitute Rehabilitation Centre, Bengaluru, to take appropriate action in accordance with law.

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(iii) It is also made clear that plaintiff shall not claim any right title or interest over the land in Sy.No.68/1.

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(iv) No costs.

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Sd/(V SRISHANANDA) JUDGE

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kcm List No.: 2 Sl No.: 10

Sri. K.N. Dayananda Murthy v. the Secretary

Case brief

What is this about?

What did the court decide?

Sri. K.N. Dayananda Murthy v. the Secretary

Case brief

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