Assistant Executive Engineer v. a.K.Gopalakrishna
Case brief
What is this about?
Regular Second Appeal under Section 100 CPC, High Court of Karnataka (Bengaluru), decided 09.02.2026 by Justice Ashok S.Kinagi (oral judgment). Appellants: Assistant Executive Engineer PWD 3rd Sub Division Doddaballapura; Executive Engineer PWD Bangalore Division; Executive Engineer Zilla Parishath Ananda Rao Circle; Secretary, PWD, Government of Karnataka (counsel: Santhosh S Gogi, AAG, for H.K. Kenchegowda, AGA). Respondents: A.K. Gopalakrishna and A K Madhava Krishnan (plaintiffs, rep. by GPA holder T Gopinath; counsel S Shiva Prasad) and President, Zilla Parishath (defendant No.3). Subject: suit for mandatory and permanent injunction over suit schedule properties; alleged deviation/encroachment of a road running off the Yelahanka-Hindupur road to join Madhugiri-Thondebhavi road, earlier under Zilla Parishad control, taken over by PWD in 1992-93. Trial Court (Addl. Civil Judge Jr.Dn. & JMFC, Doddaballapura) decreed the suit 28.06.2007; first appellate Court (Fast Track Court, Doddaballapura) dismissed the appeal 30.03.2012. Substantial question of law framed 22.02.2022 on justification of the decree directing Government to block/dismantle the road despite plaint admissions of a 100-year-old public road between Sy.Nos.13, 14 and 15 (Maddagiri to Ballapura villages). Disposition: appeal DISPOSED on 09.02.2026 in terms of State's communication dated 03.12.2025 undertaking acquisition proceedings; no quantum awarded; no precedent applied; substantial question left unanswered. Useful for: disposal of second appeals on State undertakings to acquire land for roads; PWD road disputes, Bangalore Rural District.