High Court Karnataka High Court

R Murlidhara S/O Late A R Upadhya vs The Bangalore Development … on 2 December, 2008

Karnataka High Court
R Murlidhara S/O Late A R Upadhya vs The Bangalore Development … on 2 December, 2008
Author: Ajit J Gunjal
IN THE HIGH coum' op' KARNATAKA, I3AI+I(§§;§sI,§)I:%jI3  3

DATED THIS ma gm: DAY 01? ,:f>E<jI3:M_BTI?;R';I%2o:0a:I%  '  

BEFORE
THE E»-iON'BLE MR. JUS'I'¥'{';3:E.A«JI'i' J.§}Ur~é;IAi;v;' H

WRIT PETITION I:-3 ~r;_292§a"i)I$g;I7efi3I. .('LA~B.Ii);;I';'j

BETWEEN:

1

 '-._ANi}._ 

1_

R MURLIDH~AR'A s;;;o LA'FE -A"R_U_PA[}HYA
AGED 6S3_YE£{RS,,_  - " 
R/O  _  

2ND cIeQSs,;»'wD'm<'API5mIi'A LAYOUT,
KATR-1'iU'P_PA"~1::::,- " = 

BAIIGAL0I§'z3 ~ M

 PETYFIONER.

 (By srgf AIIANT VAIALBALI ADV. )

'*'.%I*:%2E4E.§'Né.§A:;oRE DEVELOPMENT AUTHORITY

(B.D.A.)LI'I?E:PREsENTEn BY THE

"*mIg*I'MI.:§soNER, AT B.D.A. OFFICE,

RAILWAY PARRALLEL

I  ROPID, BANGALORE 20.

"  SIPECIAL LAND Aceuismow OFFICER

OF B.D.A. AT SAiD ADDRESS,
BANGALORE 20.

THE BANGALORE MAHANAGARA PALIKE
REPRESENTED BY THE COMMISSIONER,
AT NAGARA PALIKE,

BANGALORE 2,



the alternate for possession. The... 53116   

pending. Indeed another suit is flied  7-].

by the petitioner for bare  
parties submit that the: 'suit  dowo'  and
evidence has commencodfi  vficfndency of the
second suit of   makes an
application for   restraining the
respondstzmts  t'ésp61';dents 5 and 6 from
putting ti};  The said application was

rejected.   the pefifioner filed two

   to----the order dated 6.11.200'? in MFA

.V'8f7?t'3:/'06'v~v.'}a:£Iie'ti~ :Iv:};-'A 8939/O6 this court auowed the

  both the parties to Inaintain status

 anti" ttsrtlxer directed that the suit is required to be
   of on day to day basis. Respondents 5 and 6

t 3 faggimd by the said order filed a SLP in SLP No.

D4931/O7. The Amx Court granted Special Leave and

disposed of the matter. It is to be noticed that the Apex

Court while disposing of the matter has referred to the

18 and 19 and on the application
respondent—4 and 7 the same h;s;1Ic»__i’1ee11″ ” ”
indeed as has been rightly 31;

counsel appearing for 1espor1zVieflt~7V” Asite ztotvt
the subject matter of the yqtftflch is
sought in respect of sale should

be set at naught _eI3__ cannot

‘bé agitated in tm$§€’?,rtht% A % 1. A ,

10. “d the arguments several

documents: ate both the petitioner as well

as E__t;ESp0nd€fliS..«’WhiCh are in the nature of

dd’-Vainetxmetitiv'”efijgulicafions, additional documents and

‘dticuments along with the statement cf

ebjectimgtsg indeed all those documents are required to

tested with the touch stone of law of evidence

V. site No. 433 is a part of acquired land or not.

iflndeed the Apex Court while dealing with the appeal

filed by respondents 5 and 6 has ebserved that Sy. No. fl

Consequently, I do not find any-

petition. Petition stands rejected.

It is needless to say
who is seized of the suit’ §333i;Zi.é:’–t3j?”» 13116′ éi1’ectié3ns

issued by this court in the

Bye