Shridevi & Anr vs Muralidhar & Anr

4. The Authority allegedly allotted the said site to Respondent No. 2 Leela Prabhakar Rao on 1.11.1979. Plaintiff- Respondent No. 1 is said to be in possession of site Nos. 434 and 435. He has raised constructions thereupon. A notice was issued by the Authority directing demolition of some alleged unauthorized construction made by him. He filed a writ petition thereagainst which was marked as W.P. No. 32227 of 1992. The said writ petition, however, in absence of the counsel of Respondent No. 1, was dismissed.

A deed of sale was executed in favour of Respondent No. 2 on 23.08.1996 and a possession certificate was issued in her favour in respect of the said site No. 433 on 5.03.1997. A deed of sale was registered in the name of Smt. Vishala Raj for Site No. 432 on 15.09.1997 and possession certificate was issued on 22.10.1997. Appellant No. 1 herein purchased Site Nos. 433 and 432 from Respondent No. 2 and Smt. Vishala Raj by registered deeds of sale dated 11.06.2004 and 8.06.2006 respectively. Allegedly, her name was also mutated in the record of rights. A building plan was submitted by her which was sanctioned for construction of a residential house on the said plots.

11. An application for grant of interim injunction was filed by the plaintiff- Respondent No. 1 in the said suit. Allegedly at the time of filing of suit, Site No. 433 was vacant. An order of status quo was granted by the Trial Court by an order dated 13.07.2006 which was extended on 17.07.2006. By an order dated 16.08.2006, the Trial Court rejected the application for grant of temporary injunction in the said suit. Aggrieved thereby, plaintiff Respondent No. 1 filed MFA Nos. 8777 and 8939 of 2006 before the Karnataka High Court.

14. Processes were filed only on 13.04.2007. An application for condonation of delay therefor was filed. The matter came up before this Court on 23.04.2007 and by an order dated 27.04.2007 this Court vacated the interim order dated 08.03.2007, whereupon the Advocate-On-Record was changed. A personal affidavit was filed by one Advocate Kashi Vishweshwar. An application was also filed for recalling the order dated 27.04.2007 and for restoration of the order dated 08.03.2007. This Court on 17.05.2007 recalled the said order dated 27.04.2007 and the interim order dated 8.03.2007 was restored. Liberty, however, was granted to the respondents for moving before the Vacation Bench in view of the extreme urgency.

25. We may furthermore notice that although in the application for permission to raise construction, such a prayer had not been made, which according to Mr. Adsure, was an inadvertent error.

31. Furthermore, no construction could be raised in view of the order of a Division bench of this Court dated 21.06.2007. In that view of the matter, in our opinion, interest of justice would be subserved if the said order is made absolute. We would, however, direct the plaintiff Respondent No. 1 to furnish security for a sum of Rs. 2,00,000/- (Rupees two lakhs only) within four weeks from date so that in the event, the suit is dismissed and in the proceedings the appellants prove that she has suffered any damages by reason of not being able to raise any construction from the date till disposal of the suit, they may be suitably compensated therefor.

32. The appeal is dismissed subject to the aforementioned directions with costs. Counsels fee assessed at Rs. 25,000/- (Rupees twenty five only).