The Commissioner v. the Commissioner
Case brief
What is this about?
Karnataka HC (Bengaluru) | RSA No. 463 of 2014 (DEC/INJ) | Justice Anant Ramanath Hegde | decided 15.09.2025 | Oral judgment. Appellant: Commissioner, Mysore City Corporation (Defendant No.2; Ms. Anusha Nandish for Sri Gaurav G.K.). Respondents: Commissioner, MUDA Mysore Urban Development Authority (R1; Sri Megha Sunil for Sri Sharath Gowda G.B) and Smt. H.S. Nagarathnamma (R2/plaintiff; Sri Keshav R Agnihotri). Subject: suit O.S.No.537/2002 for declaration of title and mandatory injunction; trial court dismissal for non-joinder of the State was reversed by the R.A.No.577/2010 decree (19.07.2011) ordering demolition and vacant possession within nine months. Core material: undisputed judgment/decree dated 12.04.2023 in O.S.No.485/2013 (Government of Karnataka's suit over the same property) holding the State in possession, ownership left open, and unchallenged by the plaintiff. Disposition: appeal allowed in part; R.A.No.577/2010 and O.S.No.537/2002 judgments set aside; suit remanded to trial court; plaintiff to implead the State and may amend plaint; defendants/State may file written statements; adjudication uninfluenced by O.S.No.485/2013 observations; Section 80 CPC notice dispensed with; appearance fixed 09.10.2025; all contentions kept open.