Karnataka High Court
Sri.Vishnukumar B.K vs The State Of Karnataka on 11 March, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2025:KHC:10274
MFA No. 8323 of 2024
C/W MFA No. 508 of 2025
MFA No. 511 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.8323 OF 2024 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO.508 OF 2025
MISCELLANEOUS FIRST APPEAL NO.511 OF 2025
IN MFA No.8323/2024:
BETWEEN:
SRI. VISHNUKUMAR B.K.
S/O LATE M KRISHNAPPA,
AGED ABOUT 46 YEARS,
R/AT NO. 24 A-8,
THOTADA NANJAPPA ROAD,
MAGADI ROAD, BENGALURU - 560 023.
...APPELLANT
(BY SRI. T M VENKATA REDDY, ADVOCATE)
AND:
Digitally signed
by RAMYA D
1. THE STATE OF KARNATAKA
Location: HIGH
COURT OF REPRESENTED BY ITS SECRETARY,
KARNATAKA DEPARTMENT OF REVENUE,
MS BUILDING, VIDHANA VEEDI ROAD,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER OF POLICE
BENGALURU WEST DIVISION,
MAGADI ROAD, BENGALURU - 560 023.
3. THE ASSISTANT COMMISSIONER OF POLICE
VIJAYANAGARA DIVISION,
MAGADI ROAD, BENGALURU - 560 023.
-2-
NC: 2025:KHC:10274
MFA No. 8323 of 2024
C/W MFA No. 508 of 2025
MFA No. 511 of 2025
4. THE ASSISTANT COMMISSIONER OF POLICE TRAFFIC
VIJAYANGARA SUB DIVISION,
MAGADI ROAD, BENGALURU - 560 023.
5. THE POLICE INSPECTOR
MAGADI ROAD POLICE STATION,
MAGADI ROAD, BENGALURU - 560 023.
...RESPONDENTS
(BY SRI. BHANUPRAKASH, AAG AND
SMT. RANSA VASANTI D.L, HCGP FOR R1 TO R5)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 13.11.2024 PASSED ON
I.A.NO.1 IN OS.NO.3572/2024 ON THE FILE OF THE VIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CCH-15, REJECTING THE IA.NO.1 FILED UNDER ORDER 39
RULE 1 AND 2 R/W SECTION 151 OF CPC.
IN MFA NO.508/2025:
BETWEEN:
SRI. N. SOMASHEKAR
S/O LATE NARAYANAPPA,
AGED ABOUT 58 YEARS,
R/AT NO. 112, POLICE COLONY,
BEHIND MAGADI ROAD POLICE STATION,
MAGADI ROAD, BENGALURU - 560 023
...APPELLANT
(BY SRI. T M VENKATA REDDY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
MS BUILDING, VIDHANA VEEDI ROAD,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER OF POLICE,
BENGALURU WEST DIVISION,
MAGADI ROAD, BENGALURU - 560 023.
-3-
NC: 2025:KHC:10274
MFA No. 8323 of 2024
C/W MFA No. 508 of 2025
MFA No. 511 of 2025
3. THE ASSISTANT COMMISSIONER OF POLICE,
VIJAYANAGAR DIVISION,
MAGADI ROAD, BENGALURU - 560 023.
4. THE ASSISTANT COMMISSIONER
OF POLICE-TRAFFIC,
VIJAYANAGARA SUB-DIVISION,
MAGADI ROAD, BENGALURU - 560 023.
5. THE POLICE INSPECTOR,
MAGADI ROAD POLICE STATION,
MAGADI ROAD,
BENGALURU - 560 023
...RESPONDENTS
(BY SRI. BHANUPRAKASH AAG AND
SMT. RANSA VASANTI D.L, HCGP FOR R1 TO R5)
THIS MFA HAS FILED U/O 43 RULE 1(r) R/W SECTION
151 OF CPC, AGAINST THE ORDER DATED13.11.2024 PASSED
ON I.A.NO.1 IN OS.NO.3571/2024 ON THE FILE OF THE VIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
SCCH-15 REJECTING THE IA.NO.1 THE FILED UNDER ORDER
39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
IN MFA NO. 511/2025
BETWEEN:
SRI. M. SHIVANNA
S/O LATE MUNISWAMAPPA
AGED ABOUT 72 YEARS
R/AT NO. 10, NEELANJANA NILAYA,
THOTADA NANJAPPA ROAD,
BEHIND MAGADI ROAD POLICE STATION,
MAGADI ROAD,
BENGALURU - 560 023.
...APPELLANT
(BY SRI. T M VENKATA REDDY, ADVOCATE)
AND
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
-4-
NC: 2025:KHC:10274
MFA No. 8323 of 2024
C/W MFA No. 508 of 2025
MFA No. 511 of 2025
DEPARTMENT OF REVENUE,
MS BUILDING,
VIDHANA VEEDI ROAD,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER OF POLICE,
BENGALURU WEST DIVISION,
MAGADI ROAD,
BENGALURU - 560 023.
3. THE ASSISTANT COMMISSIONER OF POLICE,
VIJAYANAGAR DIVISION,
MAGADI ROAD,
BENGALURU - 560 023.
4. THE ASSISTANT COMMISSIONER
OF POLICE-TRAFFIC,
VIJAYANAGARA SUB-DIVISION,
MAGADI ROAD,
BENGALURU - 560 023.
5. THE POLICE INSPECTOR,
MAGADI ROAD POLICE STATION,
MAGADI ROAD,
BENGALURU - 560 023
...RESPONDENTS
(BY SRI. BHANUPRAKASH AAG AND
SMT. RANSA VASANTI D.L, HCGP FOR R1 TO R5)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC.
AGAINST THE ORDER DATED 13.11.2024 PASSED ON I.A. NO.1
IN O.S.NO. 3573/2024 ON THE FILE OF THE VIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE. BENGALURU (CCH-15),
REJECTING I.A.NO.1 FILED UNDER ORDER XXXIX RULES 1 AND
2 READ WITH SECTION 151 OF CPC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
-5-
NC: 2025:KHC:10274
MFA No. 8323 of 2024
C/W MFA No. 508 of 2025
MFA No. 511 of 2025
ORAL JUDGMENT
The plaintiffs being aggrieved by the orders dated
13.11.2024 passed on I.A.Nos.1/2024 filed under Order 39
Rules 1 and 2 of CPC in O.S.Nos.3572/2024, 3571/2024
and 3573/2024 respectively by the VIII Additional City
Civil and Sessions Judge (CCH-15), Bengaluru, the appeals
are filed praying for grant of temporary injunction.
2. The plaintiffs have filed suits for permanent
injunction against the defendants/respondents contending
that originally the plaintiffs' grandfather and father were
owners of the land measuring 5 acres 12 guntas and out
of which 4 acres 20 guntas land was acquired by the
Government for various purposes and the remaining land
of 32 guntas left with the plaintiffs' father and forefathers.
With the allegation that defendants had encroached
properties, the plaintiffs have filed the suit for permanent
injunction.
NC: 2025:KHC:10274
3. The said suits were contested by the
defendants/respondents by filing written statement. The
trial court upon considering the applications -
I.A.Nos.1/2024 in each suit filed under Order 39 has
observed that the plaintiffs are not in possession of the
property. Further regarding the ownership of the property
the dispute is still pending before the Civil Court. Further
the defendants have not changed the nature of property
either by destruction or construction. Hence, there is no
change of nature of property and the defendants are using
the said property merely for parking purpose. Therefore,
trial court dismissed the applications.
4. It is the contention of the defendants that the
land belongs to the Government and the Government
authorities are using the said land for parking purpose.
When this being the dispute regarding identity of the
property and moreover when the plaintiffs are not in
possession of the property, the plaintiffs have filed IA
Nos.1/2024 so as to grant an interim order of temporary
NC: 2025:KHC:10274
injunction. Observations made by the trial court in this
regard is found to be correct. Furthermore when the
identity and demarcation of the property is in dispute, the
trial court has observed that it is proper for making local
investigation and survey to be conducted by the
Government Authorities. When this being the dispute
regarding the ownership of title, demarcation and
undivided property, the trial court is correct in dismissing
the applications.
5. Under these facts and circumstances, the trial
court appointed the Assistant Director of Land Records and
Assistant Executive Engineer of the concerned jurisdiction
as Court Commissioners and ordered to conduct local
investigation and submit report with regard to the
boundaries of the property in dispute. Therefore, the trial
court is not only correct in rejecting the applications, but it
is also correct in ordering for conducting joint survey and
local investigation of the schedule property for resolving
the dispute. Therefore, there is no perversity in the orders
NC: 2025:KHC:10274
passed by the trial court and as such, prayers sought for
by the plaintiffs are liable to be dismissed. Accordingly,
appeals are dismissed.
6. Both the plaintiffs and defendants are permitted
to file the Memo of Instructions before conducting the joint
survey and investigation.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
DR
