- (1.) Delay in filing and refiling special leave petitions is condoned. SLP(C) No. 26538 of 2009: Leave granted.
(2.) The Appellants were Defendants along with other Respondents before XXII Additional City Civil Judge, Bangalore City in O.S. No. 3684 of 1992 decided on 13.7.2005. The said suit was filed by S. Chandra Raju and Ors. claiming partition with regard to suit property. The suit was dismissed by the Trial Court. Against it, Plaintiffs preferred R.F.A. No. 1476 of 2005 in the High Court of Karnataka at Bangalore, which came to be disposed of by learned Single Judge on 15.7.2008. The relevant operative part of the said order is reproduced hereinbelow: 10. Liberty is reserved to the Plaintiffs representing the branch of S. Munuswamyraju to approach the Bangalore Development Authority for reconveyance of site No. 777 and Defendants 1(a) to (g) in respect of site No. 777A. As per the request of S. Narasaraju the then CITB re-conveyed the site No. 290A in favour of his daughter the 4th Defendant herein. The Plaintiffs and other Defendants cannot have any right in respect of site No. 290A re-conveyed to 4th Defendant. So also, the Defendants cannot have any objections for the Plaintiffs to claim site No. 777 with the Bangalore Development Authority if they are so entitled according to law. Similarly, the Plaintiffs and other Defendants cannot have any objection for Defendants 1(a) to (g) to claim site No. 777A with the BDA if they are so entitled and in accordance with law. With the above observation, the appeal is hereby dismissed confirming the impugned judgment and decree of the trial Court. Parties to bear their own cost.
(3.) Learned Single Judge also made a reference with regard to the Agreement said to have been entered into between CITB and S. Narasaraju with regard to agreeing to reconvey three sites bearing No. 290A, 777 and 777A.;