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IN THE HIGH COURT OF AT

DATED THIS THE 14 TH DAY OF AUGUST 2014

BEFORE

THE HON’BLE MR. JUSTICE DILIP B BHOSALE

W.P.NO.9344/2013 (LB-BMP)

BETWEEN

1. SRI K.M. RAJENDRA S/O LATE M KRISHNAMURTHY AGED ABOUT 54 YEARS NO.3, 1ST MAIN, C K C GARDEN BANGALORE 560027

2. SRI K M BABU S/O LATE M KRISHNAMURTHY AGED ABOUT 40 YEARS CHOLANAYANAKANAHALLI KASABA HOBLI, BANGALORE NORTH TALUK ... PETITIONERS

(BY SRI RAJADITHYA SADASIVAN, ADV.,)

AND

1. JOINT COMMISSIONER BBMP, MAHADEVAPURA BANGALORE 560048

2. SRI R DINESH BABU S/O N RATHNAVELU AGED ABOUT 34 YEARS #885, 5TH BLOCK, HMT LAYOUT BANGALORE 560097

3. SRI C GARUDACHAR S/O LATE R CHOKKANNA AGED ABOUT 65 YEARS #1009, DEWENPALYA, 9TH CROSS GOKUL POST, BANGALORE 560054

4. SRI K NARAYANAN S/O C N KRISHNA MURTHY

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AGED ABOUT 41 YEARS #2700, 11TH MAIN, 2ND STAGE D BLOCK, BANGALORE 560010

5. SMT JOTHI PRAKASH @ ANGELINE FATHIMA W/O K L GNANAPRAGASAM AGED ABOUT 58 YEARS #6, GNAN JOTHI, 2ND CROSS P H REDDY LAYOUT, MAIN ROAD , BANGALORE 560043

6. SRI JEBA KUMAR ISRAEL S/O J ANTHONY AGED ABOUT 46 YEARS #23, 6TH CROSS, JASPER COTTAGE DODDANEKKUNDI EXTN., CHINNAPPANAHALLI BANGALORE 560037

7. SMT LOURDU MARY W/O ROYAL SWAMY AGED ABOUT 55 YEARS #71, MARY NILAYAM V S P LAYOUT SUBBAIAHANAPALYA, M S NAGAR POST BANGALORE 560033

8. SRI HENRY AROKIA RAJ S/O ROYAL SWAMY AGED ABOUT 34 YEARS #71, MARY NILAYAM V S P LAYOUT SUBBAIAHANAPALYA, M S NAGAR POST BANGALORE 560033

9. SMT USHA PRASAD W/O M C S PRASAD AGED ABOUT 47 YEARS #11, BLOCK NO.24, S B M COLONY SRIRAMPURAM II STAGE MYSORE 570023

10. SRI G SUBRAMANIAN S/O LATE K GURUSWAMY AGED ABOUT 51 YEARS #18, 12TH MAIN, MARUTHI NAGAR BANGALORE 560075

11. SRI V VENKATESHAPPA S/O C VENKATARAVANAPPA

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AGED ABOUT 33 YEARS #18, 1ST CROSS, 2ND MAIN SOMESHWARA NAGAR, J NAGAR 1ST BLOCK, BANGALORE 560 011

12. SMT PADMAVATHI W/O G SANTHANAM AGED ABOUT 66 YEARS #19, 1ST MAIN, 7 HILLS LAYOUT , BANGALORE 560061

13. DR NANCY AVARCHAN W/O DR AVARACHAN AGED ABOUT 49 YEARS #1946, 20TH MAIN, 4TH CROSS 2ND PHASE, J P NAGAR BANGALORE 560078

14. SRI M N RANGAPPA S/O NARAYANA SETTY AGED ABOUT 39 YEARS #393, 3RD MAIN, 3RD CROSS, 3RD BLOCK, AYYAPPA NAGAR DEVASANDRA MAIN ROAD BANGALORE 560036

15. SRI JACOB THOMAS S/O M C THOMAS AGED ABOUT 42 YEARS #10/1, HUTCHINS ROAD, 4TH CROSS ST.THOMAS TOWN POST BANGALORE 560084

16. SMT SULOCHANA BAI W/O LATE N B SIDDOJI RAO AGED ABOUT 64 YEARS #329, 18TH G MAIN, 6TH BLCOK KORAMAGNALA, BANGALORE 560095

17. SMT SUNILA ANNAMMA ALEXANDER W/O S PARAVASUDEVAN AGED ABOUT 44 YEARS #3-A, SHUBA SHREE APARTMENTS NO.31/3, 5TH CROSS, 1ST BLOCK REHMATH NAGAR, R T NAGAR BANGALORE 560 032

18. SMT SARITHA MARY ALEXANDER D/O P V ALEXANDER

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AGED ABOUT 42 YEARS #3-A, SHUBA SHREE APARTMENTS NO.31/3, 5TH CROSS, 1ST BLOCK REHMATH NAGAR, R T NAGAR BANGALORE 560032

19. SRI H M ASHOK S/O LATE H M SWAMY AGED ABOUT 32 YEARS #304, SWAMY, 12TH MAIN 22ND CROSS, HSR LAYOUT BANGALORE 560102

20. SMT J SOPHY HELMINAH W/O MILTON JAMES AGED ABOUT 55 YEARS #352, 5TH MAIN, 3RD CROSS JAGADISH NAGAR, NEW THIPPASANDRA BANGALORE 560075

21. SRI H H SATISH REDDY S/O LATE HANUMANTH REDDY AGED ABOUT 41 YEARS #3, AAKANKSHA, 3RD CROSS SRI SATHYA SAI BABA LAYOUT MAIN ROAD K R PURAM, BANGALORE-560036

22. SMT. G. ARUNA DEVI W/O SATISH REDDY AGED ABOUT 31 YEARS # 3, "AAKANKSHA", 3RD CROSS SRI SATHYA SAI BABA LAYOUT KODIGEHALLI MAIN ROAD K.R PURAM, BANGALORE-560036

23. SRI. G. ANAND S/O T. GOPALA REDDY AGED ABOUT 25 YEARS # 3, "AAKANKSHA", 3RD CROSS SRI SATHYA SAI BABA LAYOUT, KODIGEHALLI MAIN ROAD K.R PURAM, BANGALORE-560036

24. SRI T. GOPAL REDDY S/O LATE P. THIPPA REDDY AGED ABOUT 60 YEARS # 3, "AAKANKSHA", 3RD CROSS SRI SATHYA SAI BABA LAYOUT KODIGEHALLI MAIN ROAD K.R PURAM, BANGALORE-560036

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25. SRI T. ARVIND S/O T. GOPAL REDDY AGED ABOUT 27 YEARS, # 3, "AAKANKSHA", 3RD CROSS SRI SATHYA SAI BABA LAYOUT KODIGEHALLI MAIN ROAD, K.R PURAM BANGALORE-560036

26. SMT. J. JYOTHI W/O G. ANAND MAJOR, # 3, "AAKANSHA" 3RD CROSS SRI SATHYA SAI BABA LAYOUT KODIGEHALLI MAIN ROAD, K.R PURAM BANGALORE -560036

27. SMT. R. BHAVYA W/O G. ANAND AGED ABOUT 25 YEARS # 3, "AAKANSHA" 3RD CROSS SRI SATHYA SAI BABA LAYOUT KODIGEHALLI MAIN ROAD, K.R PURAM BANGALORE -560036

28. SMT. MADHU JACOB W/O C.K JACOB AGED ABOUT 57 YEARS # 4, 4TH MAIN CROSS, 2ND STAGE KALYAN NAGAR, BANGALORE-560045

29. SMT. SUMA W/O LATE RETD. BRIG. G. THOMAS AGED ABOUT 57 YEARS # 55, SENA VIHAR, MAIN ROAD BANGALORE-560043

30. SRI. SABU MATHEW S/O VERGHESE MATHEW MAJOR PUTHENPEEDIKOIL, MAZHUKEER KALLISSERY, APALPUZHA, KERALA-689125

31. SRI. PHILLIP K.MATHEW S/O LATE REV K.V. MATHEW MAJOR, ST.JOHN"S HIGH SCHOOL, BANGALORE-560080

32. SMT. M.V. ANNIE ATHYAL W/O THOMAS P ATHYAL AGED ABOUT 69 YEARS

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# 97, RAMAKRISHNAPPA ROAD COX TOWN, BANGALORE-560005

33. SRI.A. VENUGOPAL S/O ANANTHARAMAIAH MAJOR # 84, 1ST CROSS, 2ND MAIN ROAD S.B.M. COLONY-2, ANANDNAGAR BANGALORE-560024

34. SMT.A. RAJESHWARI D/O ANANTHARAMAIAH, MAJOR, # 84, 1ST CROSS, 2ND MAIN ROAD S.B.M. COLONY-2, ANANDNAGAR BANGALORE-560024

35. SRI.J.A. SANTOSH S/O DR. J.D. ANANTHANARAYANA RAO AGED ABOUT 27 YEARS # 15/55,JEEVANKENDRA LAYOUT CAMBRIDGE LAYOUT, BANGALORE-560008

36. SRI. D. NAGESWARA RAO S/O LATE SATYANARAYANA AGE: MAJOR C/O VENKATESHWARA HATCHERIES (HATCHERIES MANAGER) VILLAGE KAMARAHALLI BEGUR HOBLI, GUNDLUPET (TQ) CHAMARAJANAGAR DISTRICT-571313

37. SRI. SAMPATH KUMAR FATHER"S NAME NOT KNOWN TO THE APPLICANTS MAJOR SY. NO.19/4, BASAVANAPURA VILLAGE K.R. PURAM HOBLI, BANGALORE-560036

38. SRI. S.G. JAYARAM S/O S.V. GOVINDAIAH AGED ABOUT 39 YEARS SY. NO.19/4, BASAVANAPURA VILLAGE K.R. PURAM HOBLI, BANGALORE-560036

39. SRI. AVINASH KUMAR S/O UMESH PRASAD SINGH AGED ABOUT 32 YEARS

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# 3035, SECTOR 12B BOKARO STEEL CITY, BOKARO JHARKHAND-527012

40. SMT. B.N. LEELAVTHI W/O SHANKAR NARAYANA G.L. AGED ABOUT 43 YEARS, SY.NO.19/4, BASAVANAPURA VILLAGE K.R. PURAM HOBLI, BANGALORE-560036

41. SRI S MURUGESH S/O LATE C SUBRAMANI MAJOR SY NO.19/5, BASVANAPURA VILLAGE K R PURAM HOBLI, BANGALORE-560036

42. SMT URMILA DEVI W/O KAMESHWAR MEHTA AGED ABOUT 52 YEARS SY NO.19/6, BASVANAPURA VILLAGE K R PURAM HOBLI, BANGALORE-560036

43. SMT KODE SUDHA W/O KODE SAI KRISHNA PRASAD MAJOR SY NO.19/6, BASAVANAPURA VILLAGE K R PURAM HOBLI, BANGALORE-560036

44. SMT P C ANITHA W/O S G JAYARAM AGED ABOUT 29 YEARS SY NO.19/4, BASVANAPURA VILLAGE K R PURAM HOBLI, BANGALORE-560036

45. SRI P PUBLIUS S/O PAUL DURAI AGED ABOUT 34 YEARS SY NO.18/9, BASAVANAPURA VILLAGE K R PURAM HOBLI, BANGALORE-560036

46. SMT NAGARATHNA W/O DYNANDA RAJU AGED ABOUT 49 YEARS SY NO.18/9, BASAVANAPURA VILLAGE K R PURAM HOBLI, BANGALORE-560036

47. SRI G SHIVA MURTHAIH S/O LATE G K VEERAPPAIAH AGED ABOUT 42 YEARS

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SY NO.18/9, BASAVANPURA VILLAGE K R PURAM HOBLI, BANGALORE-560036

48. SMT SAROJINI CHANDRAKANT BHAGAJE W/O SRI CHANDRAKANT BHAGAJE AGED ABOUT 44 YEARS NO.69/12, PRASHANTH NILAYA COCONUT GARDEN, KODIGEHALLI ROAD KRISHNARAJAPURAM, BANGALORE-560036

49. SRI HAV TUKARAM MANEY S/O LATE NAGESH RAO MAJOR SY NO.19/5, BASAVANPURA VILLAGE K R PURAM HOBLI, BANGALORE-560036

50. SRI N GOVINDARAJ S/O LATE NATESH NAGALINGAM AGED ABOUT 67 YEARS NO.6/A, 17TH E CROSS 2ND STAGE, BANGALORE-560038

51. SRI CHANDRAKANT DHANAPAL BHAGEJA S/O LATE DHANAPAL AGED ABOUT 42 YEARS #69/12, PRASHANTH NILAYA COCONUT GARDEN, KODIGEHALLI ROAD K R PURAM, BANGALORE-560036

52. SRI Y A REDDY MANIKANTA S/O Y R ANJENAYALU AGED ABOUT 28 YEARS #183(OLD NO.886) SHANTHI NILAYA IST MAIN, 3RD CROSS, KEMPEGOWDA NAGAR T , BANGALORE-560057

53. SRI V RAMANJULU S/O V RAMAIH AGED ABOUT 49 YEARS #16/87-1-4, A V RAO STREET PUNGANOR, ANDHRA PRADESH-517247

54. SRI D YESHWANTH RAM KUMAR S/O D RAJENDRA PRASAD AGED ABOUT 30 YEARS #14/44, BAZAAR STREET PUNGANOR, ANDHRA PRADESH-517247

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55. SRI D R CHANDRA SUMANTH S/O D RAJENDRA PRASAD AGED ABOUT 27 YEARS #14/44, BAZAAR STREET PUNGANOR, ANDHRA PRADESH-517247 ... RESPONDENTS

(BY SRI NITISH K N ADV., FOR SRI K V NARASIMHAN, ADV., FOR R1; BY SRI VASANTHAPPA, ADV., FOR R2, 5, 7, 11, 12, 14, 21-27, 33, 34, 36, 38, 40-42, 44-46, 48 & 51-55; BY SRI A VENKOBA RAO, ADV., FOR R19; BY SRI K N PURUSHOTHAMAN, ADV., FOR R28-30; BY SRI M RAGHURAMA REDDY, ADV., FOR R39 & 43; R3, 4, 6, 8 TO 10, 17, 18, R-20 & 35 ARE SERVED & UNREPRESENTED)

THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDERS DT.20.12.12, VIDE ANN-A, ISSUED BY THE R1, & CONSEQUENTLY A WRIT OF MANDAMUS DIRECTING THE R1 TO CANCEL THE KATHA ISSUED TO THE RESPONDENTS IN RESPECT OF THE SCHEDULE PROPERTY & FOR SUCH OTHER ORDER.

THIS W.P. COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

PC:

Heard learned counsel for the petitioners and learned counsel for respondents-1 and 19.

2. Learned counsel for the petitioners submits that petitioners had filed several civil suits in different

Courts against respondents-2 to 55 in which they have prayed for declaration that they are absolute owners of the suit properties and for possession. Order impugned in the present writ petition, he submits, is in respect of entries in

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Katha in respect of the very same properties which are subject matter of the suits. He submits that the petitioner would be satisfied, if observation is made by this Court that the Civil Courts shall decide the suits on merits in accordance with law and not on the basis of entries made in Katha. In other words, he submits that the petitioners would be satisfied, if Courts are directed to adjudicate rights of the parties on the basis of title documents/evidence produced on record and not on the basis of order dated 20.12.12, impugned in the present writ petition. Having considered the submissions made by learned counsel for the petitioners, I am satisfied that the following order shall meet the ends of justice:

ORDER

i. The writ petition is disposed of as not pressed.

ii. The Courts, where the suits are pending between the petitioners and respondents-2 to 55, shall adjudicate rights of the parties in the suit properties on the basis of title documents/evidence produced by the parties in support of their claim and not (*) on the

* DELETED VIDE COURT ORDER DATED 10.09.2014

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basis of entries made in Katha in pursuance of the order dated 20.12.2012, impugned in the present writ petition since the concerned authority, who passed the said order did not and could not have adjudicated rights of the parties in respect of title of the suit properties.

Sd/- JUDGE

TL