IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY REGULAR FIRST APPEAL NO.303/2013

Similar documents
IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA, BENGALURU PRESENT THE HON' BLE MR. JUSTICE N.KUMAR AND THE HON' BLE MR. JUSTICE PRADEEP D.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE B MANOHAR. WRIT PETITION Nos OF 2015 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10 TH DAY OF JANUARY, 2013 BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

: 1 : IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH, AT DHARWAD BEFORE THE HON BLE MR.JUSTICE H.N.NAGAMOHAN DAS. W.P. No /2012 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE ANAND BYRAREDDY. WRIT PETITION No.31892/2009 (LA-BDA)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE DILIP B BHOSALE. W.P.NOs.35-37/2013 (GM-RES)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO OF 2014 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N KUMAR AND THE HON BLE MR. JUSTICE V. SURI APPA RAO

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE HON BLE MR. JUSTICE PRADEEP D. WAINGANKAR CRIMINAL PETITION NO.2705 OF 2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE B.MANOHAR. W.P.Nos.46210/2014 & /2014(GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION No.5740 OF 2007 (LA-BDA)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE AJIT J GUNJAL. WRIT PETITION Nos /2010 (GM-RES),

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 22 ND DAY OF AUGUST, 2014 BEFORE THE HON BLE MR.JUSTICE N.KUMAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NOS & 17437/2013 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3 RD DAY OF APRIL 2013 BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR R.F.A.NO.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 9 TH DAY OF JULY 2014 BEFORE THE HON BLE MR. JUSTICE DILIP B BHOSALE

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE WRIT PETITION NO.6157 OF 2013 (GM-CPC) (By Sri.Mahesh K.V. & Sri.H.Mujtaba, Advs.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE A S BOPANNA WRIT PETITION NO.48247/2013(GM-ST/RN)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE WRIT PETITION NO.48728/2012 (GM-CPC)

WRIT PETITION NOS & 15452/2013 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE RAVI MALIMATH R.S.A NO.1090/2011 (DEC/INJ)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR.JUSTICE N.K. PATIL AND THE HON BLE MRS.JUSTICE RATHNAKALA

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE MOHAN SHANTANAGOUDAR. REGULAR SECOND APPEAL No.

IN THE HIGH COURT OF KARNATAKA, BENGALURU BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NOS OF 2014 (LA-RES)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR. JUSTICE H.G.RAMESH AND THE HON BLE MR. JUSTICE JOHN MICHAEL CUNHA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE A.V. CHANDRASHEKARA WP NO OF 2015 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE N.ANANDA M.F.A.NO.3425/2000

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON BLE MR. JUSTICE BUDIHAL R.B.

WRIT PETITION NOs /2015 (GM-CPC) AND WRIT PETITION NOs.* /2015 (GM-CPC)

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE

N THE HIGH COURT OF KARNATAKA AT BANGALORE B E F O R E THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA R.S.A. NO.1710 OF 2005

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26 TH DAY OF AUGUST 2014 BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

WRIT PETITION No.31126/2012 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MRS. JUSTICE B.V.NAGARATHNA. W.P. No OF 2014 (KLR-RR-SUR)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. R.S.A.No.2061/2012

IN THE HIGH COURT OF KARNATAKA AT BANGALORE P R E S E N T THE HON BLE MR. JUSTICE N. KUMAR THE HON BLE MR. JUSTICE B.S.PATIL A N D

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. W.P.Nos.50029/2013 & 51586/2013 (CS-RES)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA CIVIL REVISION PETITION NO.

2. Mr.M.Mohammed Amjad, S/o.Late.Dr.M.Mohammed Ghouse, Aged about 37 years,

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION No OF 2016 (KLR CON)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR.JUSTICE K.L.MANJUNATH AND THE HON BLE MR.JUSTICE RAVI MALIMATH

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N.KUMAR AND THE HON BLE MR.JUSTICE B.V.PINTO

JUDGEMENT AND ORDER (CAV)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. CMP.No.113/2013 c/w. CMP.103/2013

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE VINEET SARAN AND THE HON BLE MRS.JUSTICE S SUJATHA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7470/2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR. JUSTICE N.KUMAR AND THE HON BLE MR. JUSTICE ARAVIND KUMAR

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI. Application No.53 of 2016 (SZ) & M.A. No. 55 of 2016

ITEM NO.12 COURT NO.2 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 27 TH DAY OF MAY, 2013 B E F O R E THE HON BLE MR. JUSTICE A.N.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE RAVI MALIMATH WRIT PETITION NO OF 2010(MV)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ARAVIND KUMAR REGULAR FIRST APPEAL NO.224 OF 2010

R IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE H.N. NAGAMOHAN DAS. CRIMINAL PETITION No. 979/2012

IN THE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE 23 rd DAY OF JULY 2013 BEFORE: THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE: THE HON BLE MR. JUSTICE N.ANANDA. CIVIL REVISION PETITION No.402 OF 2012

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MRS.JUSTICE S SUJATHA

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE L. NARAYANA SWAMY WRIT PETITION NO OF 2011(LB-BMP)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE S. ABDUL NAZEER REGULAR FIRST APPEAL NO.761/2003 (PAR).

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE A.V.CHANDRASHEKARA RSA NO.5663 OF 2010(PAR)

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH PRESENT THE HON BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON BLE MR. JUSTICE K.N.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI. R.F.A.No.1767 OF 2012 (INJ)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE 26 th DAY OF APRIL, 2013 B E F O R E THE HON BLE MR. JUSTICE A.N.

IN THE HIGH COURT OF DELHI: NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Judgment pronounced on: I.A. No.13124/2011 in CS (OS) No.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE S. ABDUL NAZEER WRIT PETITION NOS.913 TO 914/2015 (GM-RES)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE AND THE HON BLE MR.JUSTICE ARAVIND KUMAR

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE N.ANANDA. R.S.A.No.1045/2006 (INJ)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE S.N. SATYANARAYANA. CIVIL REVISION PETITION No.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE MOHAN.M. SHANTANAGOUDAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR. JUSTICE H.G.RAMESH AND THE HON BLE MR. JUSTICE ASHOK G.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR.JUSTICE BUDIHAL. R.B. REGULAR SECOND APPEAL No.1373/2012 (PAR)

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 09TH DAY OF JULY 2012 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE. THE HON BLE Mr. JUSTICE A.V.CHANDRASHEKARA. WRIT PETITION No.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR. JUSTICE H.G.RAMESH AND THE HON BLE MR. JUSTICE JOHN MICHAEL CUNHA

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Judgment reserved on: Judgment delivered on:

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1 ST DAY OF MARCH 2014 BEFORE: THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 9 TH DAY OF JANUARY, 2014 B E F O R E THE HON BLE MR. JUSTICE A.N.

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment pronounced on: 4 th January, versus CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Judgment: FAO (OS) 298/2010

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 2 nd DAY OF JULY, 2012 BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR. JUSTICE H.G.RAMESH AND THE HON BLE MR. JUSTICE JOHN MICHAEL CUNHA

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR MISCELLANEOUS FIRST APPEAL NO.

BETWEEN: 1. SMT MAHADEVAMMA W/O MAHADEVAIAH R/AT KEREPALYA HAMLET OF ANCHIKUPPE MADABAL HOBLI MAGADI TALUK, RAMANAGARAM DSTIRICT.

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12 th DAY OF DECEMBER, 2014 BEFORE: THE HON BLE MR. JUSTICE K.N.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR. WRIT PETITION Nos /2015 (T-RES)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU. Writ Appeal No 3169 of 2014 (S-RES)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NO OF 2009(LB-BMP)

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment reserved on: 24 th April, 2015 Judgment delivered on: 08 th October, 2015

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE

IN THE HIGH COURT OF KARNATAKA AT BANGALORE THE HON'BLE MR. JUSTICE N.K.PATIL AND THE HON BLE MR.JUSTICE PRADEEP D. WAINGANKAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN W.P.NO.29574/2015(S-RES)

Transcription:

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28 TH DAY OF JULY, 2015 BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY REGULAR FIRST APPEAL NO.303/2013 BETWEEN: 1. Sri K V Lokesh S/o K G Venkatanarayana Gupta Aged about 36 years No.119/34, 9 th Main BSK Ist Stage Ist Block, Srinagar Bangalore 560 050. 2. Smt.Girija Lokesh W/o K V Lokesh Aged about 33 years At No.119/34, 9 th Main BSK 1 st Stage 1 st Block, Srinagar Bangalore 560 050. Also both are R/at No.20 1 st D Main, 11 th Cross Girinagar Bangalore 560 085....APPELLANTS (By Sri:Shanmukhappa, Adv)

2 AND: 1. The Commissioner Bangalore Development Authority Kumara Park West Bangalore 560 020. 2. Assistant Commissioner (Re-convey & Allotment) Section BDA Kumara park West Bangalore 560 020... RESPONDENTS (By Sri:G Lakshmeesh Rao, Adv for R2, R1 - served) This RFA is filed under Section 96 of CPC against the judgment and decree dated 15.12.2012 passed in OS No.7103/2006 on the file of XVI Additional City Civil and Sessions Judge, Bangalore, dismissing the suit for declaration and permanent injunction. This RFA is coming on for orders this day, the Court delivered the following: J U D G M E N T This appeal coming up for orders, it was observed on the previous occasion by this Court that a Civil Suit was not the appropriate remedy in a case where the subject matter of the suit is acquired land and it is not in dispute that the Bengaluru Development Authority (hereinafter referred to as the BDA

3 for brevity) had acquired certain lands under the provisions of Bengaluru Development Authority Act, 1976 (hereinafter referred to as the BDA Act, for brevity). 2. It was the specific case of the plaintiffs that though BDA have acquired the lands to form sites, the suit property was not one of the sites formed in the acquired land. It is on this controversy, that the Civil Court was required to record a finding. The Civil Court, however, has dismissed the suit on the ground that it would not have jurisdiction to address the dispute in respect of the acquired land and therefore, the present appeal. 3. The learned Counsel for the appellants would point out that BDA itself has issued an endorsement that the site which is formed in the suit property was not part of the acquired land. What has been acquired is land bearing Sy.No.35/2, whereas the suit property is formed on Sy.No.38/2. To which the learned Counsel for the respondents-bda would submit that it is immaterial whether the land is acquired in the land bearing Sy.No35/2 or in Sy.No.38/2, when both the items of the lands have been acquired under the provisions of the erstwhile CITB

4 Act. Therefore, he would submit that any controversy in respect of lands which has been the subject matter of acquisition proceedings can only be appreciated in the writ jurisdiction of this Court and not before a Civil Court. This is indeed the law laid down by the Apex Court in the case of Commissioner, Bangalore Development Authority and another Vs Brijesh Reddy and another reported in (2013) 3 SCC 66. 4. In that view of the matter, there is substance in the contention of the learned Counsel for the respondents. If the appellants are seriously disputing the fact that the subject matter of the suit was not a part of the acquired land, they can very well agitate the same in writ proceedings, where the writ court is in a position to examine with reference to the record. Proceedings in certiorari, throw open the entire gamut of the contentions and it would be convenient for the writ court to examine the case. Therefore, without prejudice to any remedy that may be available to the appellants, the present appeal is disposed of as not maintainable.

5 IA.2/2015 filed for production of additional documents and IA.3/2015 filed for extension of interim order do not survive for consideration, hence, are disposed of accordingly. *bgn/- Sd/- JUDGE