Narayanamma vs A Sugandramma on 13 July, 2026

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    Bangalore District Court

    Narayanamma vs A Sugandramma on 13 July, 2026

                                                       1                   OS No. 25427/2008
    
    
                                      TITLE SHEET FOR JUDGMENTS IN SUITS
    KABC0A0009902008
    
                               IN THE COURT OF XIII ADDL.CITY CIVIL
                                    COURT AT BENGALURU
                                        (CCH.No.22)
    
    
    
    
                         Present:     Sri. ONKARAPPA.R, B.Sc., LL.B.
                                    XIII ADDL.CITY CIVIL & SESSIONS JUDGE,
                                                   BENGALURU
    
                               Dated this the 13th day of July, 2026
    
                                                     O.S. No.25427/2008
    
                  PLAINTIFF:                      Smt. Narayanamma
                                                  Aged about 46 years
                                                  W/o Late K.Gundu Rao
                                                  R/at No.6, 1st Cross,
                                                  Rathnamma layout,
                                                  Manorayanapalya
                                                  R.T. Naqgar, Bengaluru-560032
                                                           (By Sri.H.V.V.,Advocate)
    
                                                  VS
                  DEFENDANTS:                     1. SMT. A. SUGANDRAMMA
                                                  Aged about 62 years,
                                                  Wife of Late. A.N. Annaiah
                                                  Reddy, Since deceased by her
                                                  LR's
                                                  1(a). Smt. Chandrakantha
                                                  Daughter of A. Sugandramma
                                                  Aged about 58 years
        2              OS No. 25427/2008
    
    
    Residing at No. 7/11, Maruthi
    Extension, Madivala, Bengaluru-
    560068
    
    1(b). Smt. Pushpa
    Daughter of A. Sugandramma
    Aged about 55 years
    Residing at No. 7/11, Maruthi
    Extension, Madivala, Bengaluru-
    560068
    
    2. R. BHASKAR
    Aged about 49 years, Son of Sri.
    Ramaswamy Reddy Residing at
    No. 4/3, Rathnamma Layout,
    Manorayanapalya, R.T. Nagar
    post, Bangalore-560032.
    
    3. SRI. SATHYANARAYANA
    REDDY
    Aged about 54 years, Son of
    Muniswamy Reddy, Since dead
    by his LR's
    
    3(a). Smt. R. Chandra Kantha
    Wife of Late. Sathyanarayana
    Reddy
    Aged about 63 years
    
    3(b). Mr. Vinay Sathya
    Son of Late. Sathyanarayana
    Reddy
                                       3             OS No. 25427/2008
    
    
                                Aged about 42 years
                                3(c) Mrs. Sunitha Uday Reddy
                                Daughter of Late. Sathyanarayana
                                Reddy
                                Aged about 38 years
    
                                All are residing at No. 74,
                                Rathnamma Layout,
                                Manorayanapalya, R.T. Nagar
                                post, Bangalore-560032.
    
                                4. THE INDIAN BANK
                                Koramangala Branch, No. 512,
                                4th Cross, 6th Block,
                                Koramangala, Bangalore-560095.
                                Represented by its Manager.
    
                                5. SRI. A. VENKATARAMANA
                                Major
                                Residing at No. 41, 12th Cross,
                                4th Main, C.P. Layout, Wilson
                                Garden, Bagnalore-560030.
    
                                      (D1(a) & (b) - DAN advocate
                                                D2 - VSP advocate
                                          D3(a) to (Counsel) - DAN
                                                 D4 - RB advocate
                                              D5 - BNS, advocate)
    
    Date of Institution of the suit         06.03.2008
    
    Nature of the suit                      Injunction Suit
                                           4                  OS No. 25427/2008
    
    
    Date of Commencement of
    recording of evidence                            07.01.2016
    
    Date on which judgment was
    Pronounced                                       13.07.2026
    
    Total Duration                            Year      Month        Day
                                               18        04          08
    
                                           ( ONKARAPPA.R )
                                      XIII Addl. City Civil & Sessions
                                           Judge, Bengaluru.
    
    
                             : J U D G M E N T :

    The plaintiff has filed the suit for permanent
    injunction and she sought for restrainment of the
    defendants, their agents or anybody claiming any right
    under or through them from interfering the possession of
    the plaintiff over the suit schedule property.

    SCHEDULE

    SPONSORED

    All that part and parcel of the residential property
    bearing Municipal No. 6, situated at 1st Cross, Rathnamma
    Layout, Manorayanapalya, Bangalore, now coming within
    the limits of B.M.P. Ward No. 96, (Hebbal), Bangalore,
    5 OS No. 25427/2008

    measuring East to West: 30 Feet and North to South:

    45+44/2 feet, in all 1335 Sq. Ft. and bounded on:

    EAST BY: Property bearing Khaneshmuri No.5
    WEST BY: Property bearing Khaneshmuri No.7
    NORTH BY: Road and
    SOUTH BY: Private property

    2. Brief facts of the case as per plaint averments,
    are as under:- the Plaintiff has purchased the site bearing
    No.6, situated at 1st Cross, Rathnamma Layout,
    Manorayanapalya, Bangalore, measuring East to West 30
    Feet and North to South 45+44/2 Feet, in 1335 Sq.ft. from
    Smt. A. Sugandramma vide Sale deed dated 22-08-05,
    registered, before the Sub-registrar, Bangalore North Taluk.
    Since then the Plaintiff is in possession and enjoyment of
    the said property which is more fully described in the
    Schedule hereunder and hereinafter referred to as the
    “SCHEDULE PROPERTY”. After so purchasing the said site,
    the Plaintiff got the katha of the Schedule property changed
    to her name and she is paying the taxes to Bangalore
    Mahanagara palike in her name and subsequently by
    6 OS No. 25427/2008

    obtaining license for construction of the premises. The
    Plaintiff as per the approved plan has constructed five
    houses, out of which she is residing with her family in one
    house, situated in Ground Floor. The other four houses have
    been let out by the Plaintiff to separate tenants on monthly
    rental basis. A few weeks back a few people came near the
    Schedule Property and discussing about some purchase
    transaction. The Plaintiff on hearing their conversation
    enquired as to whom they are and they then narrated that
    they have come on behalf of Fifth Defendant, who has
    purchased the Schedule Property and the adjacent two
    properties also. The Plaintiff being shocked about the
    information told them that she is the owner of the Schedule
    Property and she has not sold the same to anyone else. The
    said people a request of the Plaintiff gave the address of the
    Fifth Defendant and suggested to her to obtain the details
    from him directly. Being shocked about the alleged
    ownership of the Fifth Defendant regarding the Schedule
    property, the Plaintiff approached the first Defendant from
    whom she has purchased the site, she took sometime to
    verify the information and then she would give the
    7 OS No. 25427/2008

    information. After few days, the first Defendant informed
    that the Second Defendant had obtained a decree of Specific
    Performance against the third Defendant in respect of the
    Schedule property and the adjacent two properties bearing
    No. 4 and 5 also. On further enquiry the Plaintiffs learnt
    that the third Defendant, who was the previous owner of
    the Schedule Property, had entered in to an Agreement of
    sale dated 20-04-90. By virtue of which, the possession of
    the Schedule property and the adjoining properties had also
    been given possession of on the same day, upon receipt of
    the entire sale consideration. The Plaintiff is further
    informed that by virtue of the said Agreement to Sell, the
    third Defendant had transferred all his right and interest in
    the properties including the Schedule property, except
    executing the sale deed, for which purpose certain
    compliances was required to be obtain by the Third
    Defendant. The first Defendant after giving the said
    information further informed the Plaintiff that the third
    Defendant after having so transferred his right, title and
    interest in the Schedule property is alleged to have pledged
    the site in the Schedule property and the adjoining
    8 OS No. 25427/2008

    properties bearing No. 4 and 5 and some other properties to
    the fourth Defendant, as surety to a loan transaction. The
    fourth Defendant alleging default in the loan transaction had
    taken steps under Securitization and Reconstruction of
    Financial Assets and Enforcement of Security Interest Act

    and had auctioned the Schedule property and the adjacent
    sites in favour of the fifth Defendant illegally. It is not in
    dispute that there was an Agreement to sell between the
    Second and third Defendant, where by the third Defendant
    had relinquished all his rights together with possession in
    favour of the second Defendant in respect of the site in the
    Schedule property and the adjoining properties. The alleged
    mortgaging of the site in the Schedule property and the
    other properties mentioned in sale agreement by the third
    Defendant in favour of the fourth Defendant is long after
    the third Defendant had executed sale agreement. As such
    the third Defendant had no right to create any encumbrance
    on the Schedule property subsequent to 20-04-90.
    Consequently, the fourth Defendant also does not get any
    right in respect of such alleged subsequent mortgage as
    well. Interestingly there is no such encumbrance recorded in
    9 OS No. 25427/2008

    respect of the Schedule property in the jurisdictional sub-
    registrar office during the relevant period. Under the above
    circumstances there appears to be collusion between
    Defendants 3 to 5 in putting the Schedule property for
    auction without the knowledge of the Plaintiff, who is very
    much residing in the Schedule property. At no point of time
    any body had come to the Schedule property and conducted
    any proceedings including auction proceedings, as has been
    said to have been done by the fourth Defendant. Though all
    these information was made available by first and Second
    Defendant, and when the Plaintiff insisted upon the first
    Defendant to set right this confusion and illegal transaction,
    she is only assuring to sort out the things and secure the
    title of the Plaintiff in respect of the Schedule property, but
    she has not taken any positive steps so far. In view of the
    apprehension of the Plaintiff that the first Defendant may
    not take expeditious steps to ensure that the title of the
    Plaintiff is in no way affected, she is constrained to file this
    suit to protect her title and interest. The Plaintiff is a
    bonafide purchaser of the site in the Schedule property for
    valuable consideration and she has invested huge amount in
    10 OS No. 25427/2008

    putting up five houses. In view of the improvements made
    in the said site, the Schedule property is worth more than
    Rs.1,00,00,000/-(Rupees One Crore only). The first
    Defendant informed the Plaintiff that on her verification the
    auction sale conducted by the fourth Defendant given in
    favour of the fifth Defendant in for paltry sum of about
    Rs.1,15,50,000/- (Rupees One Crore Fifteen Lakhs Fifty
    Thousand only) as against the value of all the properties
    would be about more than Four Crore and on this back
    ground the first Defendant stated that the auction sale has
    been conducted in collusion between Defendants 3 to 5 to
    defraud bonafide purchaser like the Plaintiff. She has
    gathered all these information recently, since the Plaintiff is
    not aware of any steps taken by her to get the auctioned
    process nullified and there by protect the title of the
    Plaintiff in respect of the site in the Schedule property
    conveyed by her, the Plaintiff is filing this suit. In view of
    the fact that the Schedule property itself is worth about
    Rs.1,00,00,000/-(Rupees One Crore only), the act of the
    fourth Defendant in allegedly auctioning the Schedule
    property and the adjoining properties for paltry sum of
    11 OS No. 25427/2008

    about Rs. 1,15,50,000/- (Rupees One Crore Fifteen Lakhs
    Fifty Thousand only) speaks volume off the collusion
    between the Defendants 3 to 5 to make unlawful gains to
    benefit themselves in the name of the fifth Defendant. No
    auction proceedings has ever taken place at the Schedule
    property, obviously the said Defendants could have created
    documents to show as if there had been an auction, which
    has never held. Under these circumstances the fifth
    Defendant does not get any right, title or interest over the
    Schedule property belonging to the Plaintiff which is said to
    be part of the alleged auction sale. As the Plaintiff has not
    been able to secure a copy of the auction sale proceedings
    and any further documents in that regard, she has not been
    able to produce documents in this regard as of now.
    Considering the above facts, it becomes crystal clear that
    the Plaintiff right, title and interest is in no way affected by
    the collusive acts of Defendants 3 to 5. As the fifth
    Defendant by virtue of such collusive acts between the said
    Defendants may forcibly try to disposes the Plaintiff and her
    four tenants from the Schedule property, this suit is being
    filed. The Plaintiff is having direct and subsisting right in
    12 OS No. 25427/2008

    the suit schedule property. The fifth Defendant by colluding
    with the other Defendants is making hectic attempts to
    detrimental to the interest of the Plaintiff. Under these
    circumstances, the Plaintiff has no other alternative remedy
    than to approach this court for her redressal. The fifth
    Defendant has once again came near the suit schedule
    property and told the Plaintiff that he along with his
    supporters would take the possession of the suit schedule
    property with force whatever may be the consequences. The
    fifth Defendant is a powerful person having men and
    material and also has the support of anti-social elements
    that certainly dispossess the plaintiff from the schedule
    property. The Plaintiff is a poor lady having no support to
    the onslaught of the Defendants. The Plaintiff is in
    possession of the schedule property exercising her lawful
    right which she has acquired through registered sale deed.
    The fifth Defendant has no right, title and interest of
    whatsoever in respect of the Schedule property to interfere
    with the possession of the Plaintiff. The suit is valued for
    the purpose of court fee and jurisdiction as per the separate
    valuation slip annexed to this plaint. The suit is properly
    13 OS No. 25427/2008

    valued and court fee paid, is sufficient. Hence, the plaintiff
    sought for decreed the suit.

    3. In against the suit summons, 1 st defendant have
    appeared through their choiced advocate. Defendant No.1
    has chosen to filed his written statement. Wherein the
    written statement defendant No.1 denied all averments of
    plaint as false and concocted. Further, 1 st Defendant
    contended, previously 2nd defendant was the lawful owner
    of the suit schedule properties and he had entered into an
    agreement to sale dated 20/04/1990 with 3 rd defendant. In
    the said agreement to sale, the possession of the suit
    schedule property was delivered to 2nd defendant.
    Subsequently, when the 3rd defendant delayed in executing
    necessary sale deed in favour of 2 nd defendant as per the
    agreement to sale, 2nd defendant got filed a suit in O. S.
    No. 16200/2003 against 3rd defendant for the specific
    performance of contract in Civil Court and obtained decreed
    the said suit and issued directions to the 3 rd defendant to
    execute a registered sale deed in favour of 2 nd defendant. In
    view of the about facts it is very clear that after due
    verification and gone through the contents of the judgment
    14 OS No. 25427/2008

    and decree passed by the Civil Court, 1 st defendant has
    purchased the suit schedule property from the 2 nd defendant
    and he is bonafide purchaser. 1st defendant had no
    knowledge about the alleged mortgage executed in favour of
    the 4th defendant bank by 3rd defendant. There is no fault
    on part of the 1st defendant in selling the suit schedule
    property in favour of the 2nd defendant. 1st defendant acted
    in bonafide manner. Moreover, 3rd defendant himself stated
    in his written statement, he never mortgaged the suit
    schedule property in favour of 4th defendant and the 3rd
    defendant has also challenged the alleged mortgage before
    the High Court in Writ Petition No. 146/2006 and the said
    petition is pending for adjudication. Therefore, 4 th and 5th
    defendant can not get clear and valid title over the suit
    schedule property. Both 1st and 2nd defendants are bonafide
    purchasers and there was no third party encumbrance at
    time of sale transaction. Therefore, 1 st defendant had
    purchased by investing her hard earned money and acquired
    lawful right and possession in the suit schedule property.
    The above documents produced by the 1 st defendant clearly
    go to show, 1st defendant is the bonafide purchaser and
    15 OS No. 25427/2008

    whatever the transaction with third persons or 4 th defendant
    bank subsequently created by 3 rd defendant are not binding
    either on 1st defendant or on 2nd defendant. 1st defendant
    does not dispute the averments made in Para 12 to 22 of
    the plaint and there is no fault on his part in executing the
    sale deed in favour of the plaintiff. 1 st defendant has acted
    in good faith and has not suppressed anything to the
    plaintiff. Under the above facts and circumstances, 1 st
    defendant prays to dismiss the suit as against the 1 st
    defendant in the interest of justice and equity.

    4. Defendant No.2 appeared through their counsel on

    virtue of the suit summons and he chosen to filed their
    written statement. Wherein the written statement defendant
    No.2 denied the averments of the plaint as false and
    concocted. Further, 2nd Defendant contended, it becomes
    crystal clear the Plaintiff right, title and interest is in no
    way affected by the collusive acts of Defendants 3 to 5. As
    the fifth Defendant by virtue of such collusive acts between
    the said Defendants may forcibly try to disposes the Plaintiff
    and her four tenants from the Schedule property, this suit is
    being filed. The same is not within the knowledge of this
    16 OS No. 25427/2008

    defendant. This defendant occupied a portion of the
    schedule property as a Tenant under the third defendant in
    the year 1988, subsequent to this, this defendant entered
    into an Agreement of Sale dated 20.04.1990 in respect of
    three portions (3 sites) bearing No.4, 5 and 6, site formed
    in Sy. No. 43/1 of Manorayanapalya, Cholanayakanahalli
    Dhakle, Bangalore North Taluk, now Rathnamma Layout,
    Manorayanapalya, R.T. Nagar Post, Bangalore -560032 for
    valuable consideration of Rs.2.25,000/-and this defendant
    paid Rs.2,00,000/- under the agreement of sale dated
    20.04.1990 and Rs.25,000/- was adjusted towards the lease
    amount which this defendant has paid to the third
    defendant at the time of occupying a portion of it. And
    further, the third defendant is also executed General Power
    of Attorney in respect of the above said three sites in
    favour of this defendants on 20.04.1990. Defendant NO.3,
    deliberately failed to execute the register Sale Deed in
    favour of this defendant as third defendant demanded for
    more money from this defendant as this defendant had
    already spent huge amount for renovation and construction
    and maintenance of the building in spite of the repeated
    17 OS No. 25427/2008

    request and demands by ‘this defendant failed to execute
    the registered sale deed in respect of the above said three
    sites in favour of this defendants. With no other option this
    defendant filed a suit O.S. No. 16200/2003 against the third
    defendant before the 18th Additional City Civil Judge,
    Bangalore, Mayohall unit and the said suit came to be
    decreed in favour of this defendant on 23.02.2005 and the
    court directed the defendant No.3 to execute register Sale
    deed in favour of this defendant within three months from
    the date of Judgement and decree passed on 23.05.2005.
    Hence defendant No.2 prays to dismissal of the suit.

    4. Defendant No.3 appeared through their counsel

    due to suit summons on him. Defendant No.3 chosen to
    filed his Written Statement. Wherein the written statement,
    he denied the entire averments of the plaint as false and
    concocted. Further, Defendant No.3 contended, no cause of
    action for the suit. The cause of action one stated at Para
    19 of the plaint are all imaginary, concocted for the
    purpose of this suit. The averments made in Para 20 and 21
    needs no comment. The court fee paid by the plaintiff for
    the relief claimed by her is wrong and the valuation of the
    18 OS No. 25427/2008

    suit is not in accordance with law. Hence defendant No.3
    prays to dismissal of the suit.

    5. Defendant No.4 have appeared through their
    counsel at before the court on the basis of suit summons
    on him. Defendant No.4 have chosen to filed his Written

    Statement. Wherein the written statement they contended,

    the suit of the Plaintiff is totally misconceived, bereft of
    merits is not maintainable either in law or on facts and the
    same is liable to be dismissed in limine. The suit came to
    be filed by the Plaintiff in collusion with the Defendant No
    1, 2 and 3 with ulterior motives. The suit is bad for mis-
    joinder and non-joinder of necessary parties. The Defendant
    Bank No 4 has taken measures/steps/actions under the
    Securitisation & Reconstruction Of Financial Assets &
    Enforcement Of Security Interest Act, 2002
    (hereinafter
    called the “Securitisation Act“) through its Authorised
    Officer designated under the Securitisation Act and not
    through its Branch Manager. Hence, the description of the
    representative of Defendant No.4 is improper and in correct.
    As could be seen from the Plaint averments made at para
    8,10,11,12,13,14 and 15 among others contained in the
    19 OS No. 25427/2008

    Plaint, the Plaintiff has virtually questioned/challenged the
    actions/ steps/measures initiated and taken by the
    Authorised Officer of Defendant No.4 under the provisions
    of the Securitisation Act and the relief sought by the
    Plaintiff is for injunction against the defendants including
    the Defendant Bank. Therefore, the suit of the Plaintiff as
    against the Defendant No.4 is not maintainable in law by
    virtue of Section 34 of The Securitisation & Reconstruction
    Of Financial Assets & Enforcement Of Security Interest Act,
    2002 read with Section 9 of the Code of Civil Procedure
    and on this ground also the suit is liable to be dismissed in
    limine. It is prayed that the Court be pleased to frame a
    preliminary issue with regard to the maintainability of the
    suit against the Defendant Bank and give its findings
    thereon at the first instance. Since Section 34 Of The
    Securitisation & Reconstruction Of Financial Assets &
    Enforcement Of Security Interest Act, 2002 read with
    Section 9 of the Code of Civil Procedure stipulates that no
    Civil Court shall have jurisdiction to entertain any suit or
    proceedings in respect of any matter which a Debts
    Recovery Tribunal or the Appellate Tribunal is empowered
    20 OS No. 25427/2008

    by or under Securitisation Act to determine and that no
    injunction shall be granted by any court or other authority
    in respect of any action taken or to be taken in pursuance
    of any power conferred under the Securitisation Act or
    under the Recovery of Debts Due to Banks and Financial
    Institutions Act, 1993
    (51 of 1993) with due respect to the
    Hon’ble Civil Court it is submitted that the Hon’ble Civil
    Court has no jurisdiction or powers to pass any order of
    injunction restraining the Defendant No. 4 from taking
    measures against the Schedule Property under the provisions
    of the Securitisation Act. On this ground alone the suit as
    against the Defendant No. 4 is liable to be dismissed. The
    measures taken by the Authorised Officer of Defendant No 4
    Bank against the Suit Schedule property under the
    provisions of Securitization Act are perfectly in accordance
    with law, legal and sustainable in law and therefore the
    measures so taken by the Defendant Bank is not liable to be
    interfered with in the above suit especially since it is only
    the authority/Tribunal constituted under the Securitisation
    Act
    alone have jurisdiction to go in to the matter in respect
    of exercise of the powers by Authorised Officer of
    21 OS No. 25427/2008

    Defendant No.4 under the Securitization Act. The Plaintiff
    has not exhausted the remedy available to her under the
    Provisions of the Securitisation Act and approached the Civil
    Court which do not have powers to deal with the
    allegations made by the Plaintiff against the Defendant No.
    4 in the matter of exercise of powers under Securitisation
    Act
    . The plaint Schedule property and other properties have
    been mortgaged by the Defendant No. 3 in favour of
    Defendant No.4 Bank for the loans availed by the M/s.
    Mahalakshmi Industries and its proprietor from the
    Defendant No. 4 Bank and therefore the Pliant Schedule
    property is a “secured asset” within the definition of Section
    2(zc)
    of Securitisation & Reconstruction of Financial Assets
    & Enforcement of Security Interest Act 2002 and the
    provisions of the Securitisation Act is/are applicable to the
    plaint Schedule property. It is submitted that since the
    Plaint Schedule property is mortgaged in favour of the
    Defendant Bank, being a Mortgagee, the Defendant Bank is
    a “Secured Creditor” within the definition of Section 2(zd)
    of Securitisation & Reconstruction of Financial Assets &
    Enforcement of Security Interest Act 2002, in respect of the
    22 OS No. 25427/2008

    plaint Schedule Property and it has exercised the powers
    vested in it under provisions of the Securitization and Re-
    Construction of Financial Assets and Enforcement of Security
    Interest Act 2002 by adhering to the provisions contained in
    the said Act has/isproceed/proceeding against the plaint
    Schedule property. the proprietor of Mahalakshm Industries
    had obtained an OCC facility a sum of Rs.50,000/- from
    Defendant No.4 on 03.01.1991 agreeing to pay interest
    thereon at the rate of 14.5% p.a to be compounded
    quarterly. Defendant No.3 in the present suit had offered
    security for the said amount and executed an agreement of
    guarantee dated 25.04.1991 guaranteeing the payment of the
    said amount together with interest. Defendant No.3 had also
    executed memorandum of deposit of title deeds on
    25.04.1991 referring to the deposit of title deeds made by
    him on 19.04.1991 and thereby had created equitable
    mortgage of plaint Schedule property in favour of the
    Defendant No.4 by deposit of original title deeds. Since,
    M/s. Mahalakshmi Industries had committed default in
    making repayment of the due, Defendant No.4 filed a suit
    for recovery on 07.08.1991 against M/s. Mahalakshmi
    23 OS No. 25427/2008

    Industries along with other surety including the Defendant
    No 3 in Original Suit No.2884/1992 on the file of the City
    Civil Judge, Bangalore, which on constitution of the Debts
    Recovery Tribunal came to be transferred to Debts Recovery
    Tribunal and was numbered as OA No.663/1995. The Debts
    Recovery Tribunal after considering the documentary and
    oral evidence let in by the parties to the dispute, by its
    order dated 25th March 2003 in 0.A.663/1995 allowed the
    claims of the Defendant No 4 with costs and ordered issue
    of recovery certificate. Under the said order, the Tribunal
    directed the parties thereto, including the Defendant No.3
    jointly and severally pay a sum of Rs.20,91,615/- with
    current and future interest at the rate of 23.5% per annum
    from the date of the suit till the date of realization and
    held that in the event of failure on the part of Defendant
    No.3 and others to pay the amount decreed, reserved the
    liberty to the Defendant Bank to proceed against the
    schedule properties therein which is inclusive of plaint
    Schedule Property belonging to the Defendant No.3. The
    Defendant No 3 had preferred an Appeal in RA-19/2005 on
    the file of the Debt Recovery Appellate Tribunal, Chennai
    24 OS No. 25427/2008

    against the order dated 25th March 2003 passed in

    0.A.663/1995 and Hon’ble Appellate Tribunal after hearing
    passed an order dated 16th December 2005, dismissing the
    Appeal filed by the Defendant No.3 and thereby confirmed
    the order of the Debts Recovery Tribunal in so far as
    Defendant No.3 concerned. Both the Debt Recovery
    Tribunal, Bangalore and the Debt Recovery Appellate
    Tribunal, Chennai while rejected the defence of the
    Defendant No.3 have upheld the contentions of the
    Defendant Bank that the plaint Schedule property and other
    properties belonging to Defendant No.3 are mortgaged to
    the Defendant Bank and that the Defendant Bank is entitled
    to proceed against the plaint Schedule property and other
    properties in exercise of its powers as Mortgagee. Thus it is
    established that the plaint Schedule property is “secured
    asset” within the definition of Section 2(zc) of Securitisation
    & Reconstruction of Financial Assets & Enforcement of
    Security Interest Act 2002 and that the Defendant Bank is a
    “Secured Creditor” within the definition of Section 2(zd) of
    Securitisation & Reconstruction of Financial Assets &
    Enforcement of Security Interest Act 2002, in respect of the
    25 OS No. 25427/2008

    plaint Schedule Property and that the provisions of the said
    Act is applicable to the plaint Schedule property and that
    the Defendant Bank is entitled to exercise the powers vested
    in it under provisions of the Securitization and Re-
    Construction of Financial Assets and Enforcement of Security
    Interest Act 2002 against the plaing schedule properties.
    Admittedly it is the case of the Plaintiff that she had
    purchased the plaint schedule property under a sale deed
    dated 22-8-2005 from Defendant No. 1. Defendant No. 1
    had questioned/ challenged the actions / steps/measures
    initiated and taken by the Authorised Officer of Defendant
    No 4 under the provisions of the Securitisation Act in ASA
    294/007 before the Debt Recovery Tribunal and sought the
    Tribunal to grant the following relief’s: a) to direct the
    Respondent No.1 and 2 restraining from dispossess or taking
    possession of the schedule A and B properties of the
    appellant and to set aside if any alleged notice issued under
    Section 13(2) or 13(4) and Rule 8(1) of the Securitization
    and Re-Construction of Financial Assets and Enforcement of
    Security Interest Act 2002 and its Ordinance by directing
    the respondents not to proceed further for recovery of
    26 OS No. 25427/2008

    possession of the schedule A & B properties mentioned
    herein below belonging to the appellant and consequential
    relief/s. b) to grant the cost of the case. c) to grant such
    other relief/s as this Hon’ble Tribunal deems fit in the
    circumstance of the above case, in the interest of justice
    and equity. Debt Recovery Tribunal was pleased to dismiss
    the ASA 294/007 filed by the Defendant No. 1 and declined
    to grant the similar relief’s sought for the Defendant No.1.
    The Defendant No. 1 has not approached the Appellate
    Authority/Tribunal constituted under the Securitisation Act
    under Section 18 of the Securitisation Act to challenge the
    Order passed by the Debt Recovery Tribunal in ASA.
    No.294/2007 and the said order has become final. Therefore
    the Plaintiff who claims absolute right, title and interest
    through Defendant No. 1 is not entitled to any relief in the
    above suit. As could be seen from the order dated 25th
    March 2003 passed in O.A.663/1995 the Defendant Bank has
    exercised its rights as Mortgagee and obtained a Judgment
    in its favour on 25th March 2003. Whereas, the Vendor
    (Defendant No. 2 in the suit) of vendor (Defendant No. 1)
    of the Plaintiff had acquired the alleged title in respect of
    27 OS No. 25427/2008

    the plaint schedule property only on 2-2005 under the sale
    deed obtained by him through court in pursuance of the
    judgment passed in O.S.No. 16200/2003 and sold the same
    to Defendant No. 1 under a sale deed dated 23-3-2005 and
    in turn the Defendant No. 1 had sold the Plait Schedule
    Property to the Plaintiff on 22-8-2005. Section 54 of the
    Transfer of Property Act, 1882 defines sale as
    follows:-“Contract for Sale: A contract for Sale of immovable
    property is a contract that a sale of such property shall take
    place on terms settled between the parties. It does not, of
    itself, create any interest on or charge on such property.”
    The Sale Deed obtained by the Vendor of the Vendor of the
    Plaintiff through Judgment dated 23-2-2005 in
    O.S.No.16200/2003 passed by the Civil Court, is a
    fraudulent transfer as defined under Section 53 of the
    Transfer of Property Act, 1882 subsequent to the mortgage
    in favour of the Bank and the Defendant Bank reserves its
    right to initiate appropriate legal proceedings. Without
    conceding its claims against the plaint Schedule property, it
    issubmitted that a careful reading of the Judgment dated
    23-2-2005 in O.S.No.16200/2003 passed by the Civil Court
    28 OS No. 25427/2008

    clearly establishes that the Civil Court has given a specific
    finding that Vendor of the Vendor of the Plaintiff is not
    entitled to the relief of declaration that he is in lawful
    possession and enjoyment of the plaint Schedule property. It
    is submitted that the Civil Court had rejected the relief for
    declaration and decreed the suit only for specific
    performance of the alleged contract dated 20-4-1990 sought
    to be executed after 13 years from the date of alleged
    execution. It is submitted that much prior to the initiation
    of the suit in O.S.No.16200/2003 and much prior to
    Judgment dated 23-2-2005 in O.S.No.16200/2003 passed by
    the Civil Court, the plaint Schedule property and other
    properties were mortgaged in favour of the Defendant Bank
    by its owner the Defendant No 3 and the Defendant Bank
    had exercised its rights thereon and had obtained judgment
    in its favour. Thus, much prior to the Vendor of the Vendor
    of the Plaintiff acquiring alleged interest in the plaint
    Schedule property under the sale deeds pursuant to
    Judgment dated 23-2-2005 in O.S.No.16200/2003, the
    Defendant Bank has acquired interest and charge/interest
    has been created by the owner of the said properties in
    29 OS No. 25427/2008

    favour of the Defendant Bank. Therefore, in law, the
    subsequent alleged interest acquired by the Vendor of the
    Vendor of the Plaintiff is subject to the prior charge over
    the properties by the Defendant Bank. The law being that
    “Buyer should beware”, if the Vendor of the vendor of the
    Plaintiff had purchased the plaint Schedule property
    subsequent to the order dated 25th March 2003 passed in
    O.A.663/1995, he and subsequent to him the Defendant
    No.1 and the Plaintiff are bound to discharge the liability
    due to the Defendant Bank to acquire perfect title to the
    plaint schedule property and they have benot done so in
    spite of being aware of the measures taken by the
    Defendant Bank. The Vendor of the Vendor of the Plaintiff
    and Plaintiff having not discharged the liability to acquire
    perfect title cannot at this belated stage after the Plaint
    schedule properties in accordance with law are sold in
    favour of the Defendant No. 5 and the Defendant No. 5
    having acquired absolute right, title and interest in the
    Plaint Schedule Property, cannot contend that she is the
    lawful owner in possession and enjoyment of the plaint
    schedule property. It is denied that the Defendant No. 1
    30 OS No. 25427/2008

    and 2 and the Plaintiff are bonafide buyers. In fact, the
    Defendants No.2,1, and Plaintiff totally lack bonafides so
    also the Defendant No.3. In view of provision of Section 54
    of the Transfer of Property Act, 1882, the alleged agreement
    of sale dated 20-4-1990, the sale deed obtained by the
    Defendant No.2 through Court, sale deeds obtained by
    Defendant No. 1 from Defendant No. 2 and the sale deed
    obtained by the Plaintiff from the Defendant No. 1
    respectively had not created any interest on or charge on
    pliant Schedule Property in favour of the respective
    purchaser under the respective sale deeds aforementioned.
    The Judgment dated 23-2-2005 in O.S.No.16200/2003 passed
    by the Civil Court is nullity since the plaint Schedule
    property and other properties being the “secured asset”

    within the definition of Section 2(zc) of Securitisation &
    Reconstruction of Financial Assets & Enforcement of Security
    Interest Act 2002 and that the Respondent Bank is a
    “Secured Creditor” within the definition of Section 2(zd) of
    Securitisation & Reconstruction of Financial Assets &
    Enforcement of Security Interest Act 2002, in view of
    Section 34 of the Securitisation & Reconstruction of
    31 OS No. 25427/2008

    Financial Assets & Enforcement of Security Interest Act 2002
    the Civil Court had no jurisdiction to entertain, try,
    adjudicate the suit in O.S.No.16200/2003 which pertains to
    Schedule property which are the “secured asset”. In view of
    Section 35 of the Securitisation & Reconstruction of
    Financial Assets & Enforcement of Security Interest Act 2002
    neither the Defendant No. 2, Defendant No. 1 nor the
    Plaintiff had or have prior or superior rights over the plaint
    Schedule property than the Defendant Bank on the basis of
    alleged instruments i.e. agreement of sale dated 20-4-1990,
    under the sale deeds pursuant to Judgment dated 23-2-2005
    in O.S.No.16200/2003 or under any of the documents
    produced along with the Plaint. The Defendant Bank in
    exercise of its powers under Securitisation Act had taken
    symbolic possession of the plaint schedule properties and
    thereafter sold, transferred and conveyed the Plaint schedule
    property in favour of the Defendant No.5 and by virtue of
    Section13 (6) of the Securitisation Act, the Defendant No. 5
    has derived absolute right, title and interest over the plaint
    schedule property and thus Defendant No. 5 is the absolute
    owner of the plaint schedule property. The documents
    32 OS No. 25427/2008

    evidencing the measures/steps taken by the Defendant Bank
    and sale of the plaint schedule properties in favour of the
    Defendant No.5. For the reasons stated supra and grounds
    urged herein above, the Plaintiff is not entitled to the relief
    sought in the Plaint. Defendant No 3 had dealt with the
    plaint schedule property on executing the guarantee deed
    dated 25.04.1991 and memorandum of deposit of title deeds
    on 25.04.1991 referring to the deposit of title deeds made
    by him on 19.04.1991 in favour of the Defendant Bank and
    the Defendant Bank has enforced its rights and powers
    under the said deed and the Defendant No 5 has become
    the lawful owner of plaint schedule property. Therefore, the
    relief of injunction sought by the Plaintiff is misconceived
    and do not survive for consideration. Hence the suit is
    liable to be dismissed.

    6. Defendant No.5 also appeared through their
    choised counsel at before the court on virtue of the
    summons on him. Defendant No.5 chosen to filed his Written
    Statement. Where in the Written Statement Defendant No.5
    denied the case of Plaintiff as false and concocted. Further

    Defendant No. 5 contended, it is false to say that the
    33 OS No. 25427/2008

    Plaintiff is the absolute owner in peaceful possession and
    enjoyment of the Schedule Property as claimed by her. The
    Plaintiff is residing in the Schedule Property as alleged. The
    address of the Plaintiff as shown in the cause title is also
    incorrect. The Suit of the Plaintiff is a collusive suit that is
    filed by the Plaintiff in collusion with Defendant No.1 to 3.
    The suit is only an attempt to save the property which is
    sold by the Bank under the provisions of Securitization and
    Reconstruction of Financial Assets and Enforcement of
    security Interest Act. It is false to say, the Plaintiff had
    purchased the schedule site from the 1st Defendant on
    22.8.2005 through Absolute Sale Deed as claimed. It is false
    that after purchasing the said site, katha has been registered
    in the name of Plaintiff and she is paying the taxes to
    Bangalore Mahanagara Palike and on obtaining licence the
    Plaintiff had constructed five houses and that out of that
    she is residing with her family in one house situated in
    Ground Floor as alleged. The Plaintiff is put to strict proof
    of the same. It is false to say that a few people went near
    the Schedule Property and were discussing about purchase
    transaction and on enquiry they told they have come on
    34 OS No. 25427/2008

    behalf of 5th Defendant as alleged. It is false that the
    Plaintiff approached 1st Defendant and 1st Defendant sought
    time to verify the information and intimate the same
    afterwards as alleged. It is false that the Second Defendant
    had obtained a decree of Specific Performance against the
    Third Defendant in respect of Schedule Property and that
    the Third Defendant who was the previous owner of
    Schedule Property had entered into an Agreement of sale
    with Second Defendant It is false that by virtue of the sale
    agreement dated 20.4.1990 the possession of Schedule
    Property was given on receipt of entire sale consideration. It
    is false that the Third Defendant had transferred all his
    right, title and interest in the properties including the
    Schedule Property except executing the Sale Deed for which
    purpose certain compliances was required to be obtained by
    Third defendant as alleged. It is false that the First
    defendant informed the Plaintiff that Third defendant after
    transferring his right, title and interest had pledged the
    Schedule Property to Fourth Defendant as surety to a loan
    transaction as alleged. However, it is true that the Fourth
    Defendant had taken steps under Securitization and
    35 OS No. 25427/2008

    Reconstruction of Financial Assets and Enforcement of
    security Interest Act had auctioned the Schedule Property
    and the adjacent sites in favour of Fifth defendant since the
    loan was not repaid and after classifying the loan and the
    property as non-performing asset the necessary action was
    initiated under Securitization and Reconstruction of
    Financial Assets and Enforcement of security Interest Act. It
    is false to state that as per the Agreement of Sale the Third
    Defendant had relinquished all his rights with possession in
    favour of Second Defendant in respect of Schedule Property
    and adjoining properties as alleged. It is false that
    mortgaging of the site in the Schedule Property and other
    properties mentioned in the agreement of sale by the Third
    defendant in favour of the fourth Defendant is long after
    the Third Defendant had executed the Agreement of Sale, as
    alleged. It is false that the Third Defendant had no right to
    create any encumbrance on the Schedule Property
    subsequent to 20.4.1990. It is false to say that the Third
    Defendant had no right, title and interest to mortgage the
    property in favour of Fourth Defendant and the mortgage of
    the Schedule Site is a void document which is nullity in the
    36 OS No. 25427/2008

    eye of law as alleged. It s false that the Fourth Defendant
    does not derive any title over the suit Schedule Property
    through the said document as alleged. It is false to say that
    there is no encumbrance over the Schedule Property. It is
    false to state that taking advantage of void and fabricated
    document, the Defendants 3 o 5 in collusion have auctioned
    the property with out the knowledge of the Plaintiff. It is
    false to say that at no point of time any body came to the
    Schedule Property and conducted any proceedings including
    auction proceedings. It is false to say that the Plaintiff is
    the bonafide purchaser and invested huge amount in putting
    up constructions. It is false that in view of the
    improvements made in the said site, at present the market
    value of the Schedule Property is more than one Crore. It is
    false to state auction sale was done in collusion between
    the Defendants 3 to 5 to defraud the Plaintiff. It is false to
    say no auction proceedings took place at the Schedule
    Property and the Defendants have created documents to
    show the auction had been conducted. It is false to state
    that the Fifth Defendant has no right, title and interest over
    the Schedule Property which is said to be part of auction
    37 OS No. 25427/2008

    sale as alleged. It is false to allege that the Fifth Defendant
    by virtue of such collusive act between the defendants
    forcibly trying to dispossess the Plaintiff and her tenants
    from the Schedule Property. It is false, the Fifth Defendant
    is making hectic efforts to interfere with the possession of
    the Schedule Property from last one week. When the
    Plaintiff is not in possession there is no question of such
    interfering. It is false, on 1.3.2008 Fifth Defendant and
    some strangers went near the Schedule Property and
    attempted to occupy the same and with great difficulty the
    Plaintiff resisted with the help of neighbours as alleged.
    There is no cause of action to the Suit and the one
    mentioned in the Suit is false and baseless. The suit is not
    properly valued and court fee paid is insufficient. Hence the
    suit requires to be dismissed on this count alone. The relief
    claimed by the Plaintiff is for injunction and a bare suit for
    injunction is not maintainable under law. The property is
    already conveyed in favour of this Defendant and without
    seeking for declaration of title and cancellation of Mortgage
    and Sale Deed by paying the Court Fee the Suit would not
    be maintainable under Section 31 and 34 of Specific Relief
    38 OS No. 25427/2008

    Act. Hence, the Suit shall fail on the count of
    maintainability itself. In this matter the case urged by the
    Plaintiff is already decided by the DRT which has got
    jurisdiction to decide the lis and therefore the Suit is not
    maintainable. One Mahalakshmi Industries had approached
    4th Defendant for grant of loan and 3 rd Defendant herein
    stood as guarantor. The said Mahalakshmi Industries and 3 rd
    Defendant did not honour their commitments and did not
    repay the loan amount. Therefore the said account and the
    said property were treated as non-performing assets and the
    Bank has decided to enforce security interest created in
    favour of the Bank. Therefore proper notices were caused to
    Defendants No.3 and Mahalakshmi Industries under section
    13(2)
    of the said Act. Since they did not comply with the
    demand with the said notice under Section 13(2) of the act,
    the Bank has proceeded further and the possession of the
    said property was taken by the Bank and the property was
    also offered for sale to the intending purchasers from
    general public. This Defendant having came to know about
    the availability of the property and had given a bid of
    Rs.1,15,50,000/-. Since the bid of this Defendant was
    39 OS No. 25427/2008

    highest, the Bank had accepted the bid and this Defendant
    had paid the entire amount and the sale certificate was also
    issued by the Bank dated 13.11.2007. At this juncture at the
    instance of Defendant No.1, who was unsuccessful before
    Hon’ble DRT has approached this Hon’ble Court with
    oblique motive by filing a Suit in O.S.No.27135/2007. But
    since the Defendant No.1 herein could not get any interim
    order in O.S.No.27135/2007, has set up the Plaintiff herein
    for filing the present Suit. Therefore, this Suit is a result of
    collusion between the Defendants 1 to 3 and hence it is
    clear that the Plaintiff has not approached this Court with
    clean hands. The entire exercise on the part of the Plaintiff
    is at the instance of the Defendants 1 to 3. In order to save
    the property which was mortgaged to the Bank and in order
    to complicate the issue 2nd and 3rd Defendant had fabricated
    a sale agreement dated 20.4.1990. What made the 2nd
    Defendant to file the Suit for specific performance of the
    Agreement after a period of 13 years is not forthcoming. It
    is very clear that the said Suit in O.S.No. 16200/2003 was a
    collusive decree obtained to defeat the rights of the secured
    debtor. Therefore the said decree is not binding on the
    40 OS No. 25427/2008

    Defendant No.4 and consequentially not binding on this
    Defendant. How limitation period was saved for a period of
    13 years to file the Suit for specific performance is not
    forthcoming and therefore it is clear that the said decree is
    a collusive decree obtained by playing fraud of Court and
    therefore the said Suit in O.S.No. 16200/2003 is not binding
    on this Defendant. Merely entering into agreement of sale in
    the year 1990 will not prevent the Defendant No.3 from
    entering into a mortgage Deed with the Bank in view of the
    fact that the said Agreement dated 20.4.1900 is not
    genuine. Even if it is genuine, the said agreement has no
    value after a period of 3 years. Therefore it is false to say
    that the mortgage deed entered into between the Bank and
    the 3rd Defendant is not valid. Even if the Plaintiff is a
    bonafide purchaser and she should have been careful to
    know the mortgages as on the date of obtaining Sale Deed
    from the Court of law. The property purchased by 2 nd
    Defendant is subject to mortgage that was created in favour
    of Defendant Bank and therefore it cannot be alleged that
    the said mortgage is not binding on the Defendant No.2.
    The Court while passing the Judgment and decree in
    41 OS No. 25427/2008

    O.S.No. 16200/2003 was kept in dark about the said
    mortgage and right of the said mortgage. Therefore the
    Court had no occasion to look into the encumbrances
    created and therefore the said decree was passed and hence
    the same is not binding on 4th Defendant and consequently
    no binding on this Defendant. Fraud was played by 3 rd
    Defendant in collusion with Defendant No.2. Since
    Defendant No 1, 2 and 3 were not successful in their
    attempts now this Plaint is set up by them by executing a
    nominal, sham document of sale in order to complicate the
    issue. Therefore the Plaintiff has no right or entitled to any
    relief as claimed by her. The case of the Plaintiff is totally
    hit under Section 52 of the Transfer of Property Act. A suit
    was filed by the 2nd defendant on 20.9.2003 for relief of
    specific performance of Agreement of Sale which was
    executed in the year 1990. It is submitted that suit was
    filed on 20.9.2003 by which time mortgage was created.
    Further the Suit was filed after a lapse of 13 years and
    decree was obtained which clearly shows that the Defendant
    No.3 did not contest the matter and therefore it is clear
    that it is a collusive suit. Further the property is purchased
    42 OS No. 25427/2008

    during the pendency of the dispute between 3 rd Defendant
    and the Bank. Therefore the transaction is hit under section
    52
    of the Transfer of Property Act. Therefore the Plaintiff
    acquired no right under the said sale deed which was
    executed during the pendency of the Suit. It is an exercise
    made by the defendant No. 1 to 3 through the Plaintiff.
    Therefore the suit requires to be dismissed.

    7. On the basis of the above pleadings, my
    predecessor in office has framed the issues in below:-

    1. Whether the plaintiff proves that, she was
    in lawful possession and enjoyment of the
    suit schedule property, as on the date of
    suit?

    2. Whether the plaintiff proves alleged
    interference?

    3. Whether plaintiff is entitled for the relief
    of Permanent Injunction?

    4. What order or decree?

    8. To prove the plaintiff’s case, the plaintiff herself
    examined as P.W.1 and she got marked Ex.P1 to Ex.P35
    documents. On the other hand, defendant No.5
    43 OS No. 25427/2008

    A.Venkataramana examined himself as DW1 and he got
    marked Ex.D1 to Ex.D9 document.

    9. Heard the argument on both the sides. Perused the
    records. Counsel for the plaintiff filed the written argument.
    Counsel for 5th defendant relied the citation; 1)ILR 2013 KAR
    380 – S.Malleshwarrao Vs Bokka Venkateshwarra. 2) SLP
    (C) No.1989-1990/2024 – P.Elaiyappan Vs Natarajan and
    Others.

    10. My findings on the above issues are as under:-

             Issue No.1     : In the Negative
                 Issue No.2    : In the Negative
                 Issue No.3    : In the Negative
                 Issue No.4    : As per final order for the
    following:
    
                              :R E A S O N S:
    
    

    11. Issue No.1 to 3:- Issue No.1 to 3 over lapped
    with each other on virtue of the similar facts and evidence.
    To avoid the repetition of facts and evidence in the
    judgment, issue No.1 to 3 have taken in together conjointly
    for the common discussion.

    44 OS No. 25427/2008

    12. Before I advert with the factual aspect on the
    suit, that I make note of the present law which settled by
    the Hon’ble Supreme Court of India in its judgment
    reported in 2009(II) OLR (SC) 388 ( Anathula Sudhakar Vs.
    P. Buchi Reddy (Dead) by L.Rs and others
    ) which reads
    thus:-

    13. Section 100-

                          Suit      of      permanent
                          injunction- Trial court
                          decreed the suit holding
                          plaintiffs in possession of
                          suit property and the
                          defendant had interfered
                          with     their    possession-
                          First appellate court held
                          that the defendant was in
                          possession of the suit
                          property and the plaintiffs
                          had not made out, even
                          prima facie, either title or
                          possession over the suit
                          property-      High    Court
                          allowed the second appeal
                          and restored the judgment
                          and decree of the trial
                          court- Appeal before Apex
                          Court-     Discussing     the
                          facts,    contention     and
                          provisions of law held,
                                   45                  OS No. 25427/2008
    
    
                       High Court exceed its
                       jurisdiction under Section
                       100 CPC, firstly in re-
                       examining questions of
                       fact, secondly by giving
                       into the questions which
                       were not pleaded and
                       which were not the
                       subject matter of any
                       issue,      thirdly       by
                       formulating question of
                       law which did not arise
                       in the second appeal, and
                       lastly by interfering with
                       the       well      reasoned
                       judgment of the first
                       appellate     court    which
                       held that the plaintiffs
                       ought to have filed a suit
                       for declaration- Judgment
                       of High Court Set aside.
    
    

    14. From the above judgment it is to be learnt,
    where the plaintiff is in possession, but his title to the
    property is in dispute, or under a cloud or where the
    defendant asserts title thereto and there is also a threat of
    dispossession from the defendant, the plaintiff will have to
    sue for declaration of title and the consequential relief of
    injunction. Where the title of the plaintiff is under a cloud
    46 OS No. 25427/2008

    or in dispute and he is not in possession or not able to
    establish possession, necessarily the plaintiff will have to file
    a suit for declaration, possession and injunction. Further
    from the above judgment it also learnt, prayer for
    declaration will be necessary only if the denial of the title
    by the defendant or challenge to plaintiff’s title raises a
    cloud on the title of the plaintiff to the property. A cloud
    is said to raise over a person’s title, when some apparent
    defect in his title to a property or when some prima facie
    right of a third party over it, is made out or shown. An
    action for declaration is the remedy to remove the cloud on
    the title to the property.

    15. Based on above mandate of law that I have
    taken the controversy for my discussion. On summarizing
    the controversy, as per the evidence of PW1,, the Plaintiff
    has purchased a site bearing No.6, situated at 1st Cross,
    Rathnamma Layout, Manorayanapalya, Bangalore, measuring
    East to West 30 Feet and North to South 45+44/2 Feet, in
    1335 Sq.ft. from Smt. A. Sugandramma vide Sale deed
    dated 22-08-05, registered, before the Sub-registrar,
    Bangalore North Taluk. Since then the Plaintiff is in
    47 OS No. 25427/2008

    possession and enjoyment of the said property which is
    more fully described in the Schedule hereunder and
    hereinafter referred to as the “SCHEDULE PROPERTY”. After
    so purchasing the said site, the Plaintiff got the katha of
    the Schedule property changed to her name and she is
    paying the taxes to Bangalore Mahanagara palike in her
    name and subsequently by obtaining license for construction
    of the premises. The Plaintiff as per the approved plan has
    constructed five houses, out of which she is residing with
    her family in one house, situated in Ground Floor. The
    other four houses have been let out by the Plaintiff to
    separate tenants on monthly rental basis. A few weeks back
    a few people came near the Schedule Property and
    discussing about some purchase transaction. The Plaintiff on
    hearing their conversation enquired as to whom they are
    and they then narrated that they have come on behalf of
    Fifth Defendant, who has purchased the Schedule Property
    and the adjacent two properties also. The Plaintiff being
    shocked about the information told them that she is the
    owner of the Schedule Property and she has not sold the
    same to anyone else. The said people a request of the
    48 OS No. 25427/2008

    Plaintiff gave the address of the Fifth Defendant and
    suggested to her to obtain the details from him directly.
    Being shocked about the alleged ownership of the Fifth
    Defendant regarding the Schedule property, the Plaintiff
    approached the first Defendant from whom she has
    purchased the site, she took sometime to verify the
    information and then she would give the information. After
    few days, the first Defendant informed that the Second
    Defendant had obtained a decree of Specific Performance
    against the third Defendant in respect of the Schedule
    property and the adjacent two properties bearing No. 4 and
    5 also. On further enquiry the Plaintiffs learnt that the third
    Defendant, who was the previous owner of the Schedule
    Property, had entered in to an Agreement of sale dated 20-
    04-90. By virtue of which, the possession of the Schedule
    property and the adjoining properties had also been given
    possession of on the same day, upon receipt of the entire
    sale consideration. The Plaintiff is further informed that by
    virtue of the said Agreement to Sell, the third Defendant
    had transferred all his right and interest in the properties
    including the Schedule property, except executing the sale
    49 OS No. 25427/2008

    deed, for which purpose certain compliances was required
    to be obtain by the Third Defendant. The first Defendant
    after giving the said information further informed the
    Plaintiff that the third Defendant after having so transferred
    his right, title and interest in the Schedule property is
    alleged to have pledged the site in the Schedule property
    and the adjoining properties bearing No. 4 and 5 and some
    other properties to the fourth Defendant, as surety to a loan
    transaction. The fourth Defendant alleging default in the
    loan transaction had taken steps under Securitization and
    Reconstruction of Financial Assets and Enforcement of
    Security Interest Act
    and had auctioned the Schedule
    property and the adjacent sites in favour of the fifth
    Defendant illegally. It is not in dispute that there was an
    Agreement to sell (Annexure ‘G’) between the Second and
    third Defendant, where by the third Defendant had
    relinquished all his rights together with possession in favour
    of the second Defendant in respect of the site in the
    Schedule property and the adjoining properties. The alleged
    mortgaging of the site in the Schedule property and the
    other properties mentioned in Annexure G by the third
    50 OS No. 25427/2008

    Defendant in favour of the fourth Defendant is long after
    the third Defendant had executed ‘Annexure G’. As such the
    third Defendant had no right to create any encumbrance on
    the Schedule property subsequent to 20-04-90.
    Consequently, the fourth Defendant also does not get any
    right in respect of such alleged subsequent mortgage as
    well. Interestingly there is no such encumbrance recorded in
    respect of the Schedule property in the jurisdictional sub-
    registrar office during the relevant period. Under the above
    circumstances there appears to be collusion between
    Defendants 3 to 5 in putting the Schedule property for
    auction without the knowledge of the Plaintiff, who is very
    much residing in the Schedule property. At no point of time
    any body had come to the Schedule property and conducted
    any proceedings including auction proceedings, as has been
    said to have been done by the fourth Defendant. Though all
    these information was made available by the first and
    Second Defendant, and when the Plaintiff insisted upon the
    first Defendant to set right this confusion and illegal
    transaction, she is only assuring to sort out the things and
    secure the title of the Plaintiff in respect of the Schedule
    51 OS No. 25427/2008

    property, but she has not taken any positive steps so far. In
    view of the apprehension of the Plaintiff that the first
    Defendant may not take expeditious steps to ensure that the
    title of the Plaintiff is in no way affected, she is constrained
    to file this suit to protect her title and interest. The Plaintiff
    is a bonafide purchaser of the site in the Schedule property
    for valuable consideration and she has invested huge
    amount in putting up five houses. In view of the
    improvements made in the said site, the Schedule property
    is worth more than Rs.1,00,00,000/-(Rupees One Crore
    only). The first Defendant informed the Plaintiff that on her
    verification the auction sale conducted by the fourth
    Defendant given in favour of the fifth Defendant in for
    paltry sum of about Rs.1,15,50,000/- (Rupees One Crore
    Fifteen Lakhs Fifty Thousand only) as against the value of
    all the properties would be about more than Four Crore and
    on this back ground the first Defendant stated that the
    auction sale has been conducted in collusion between
    Defendants 3 to 5 to defraud bonafide purchaser like the
    Plaintiff. She has gathered all these information recently,
    since the Plaintiff is not aware of any steps taken by her to
    52 OS No. 25427/2008

    get the auctioned process nullified and there by protect the
    title of the Plaintiff in respect of the site in the Schedule
    property conveyed by her, the Plaintiff is filing this suit. In
    view of the fact that the Schedule property itself is worth
    about Rs. 1,00,00,000/-(Rupees One Crore only), the act of
    the fourth Defendant in allegedly auctioning the Schedule
    property and the adjoining properties for paltry sum of
    about Rs. 1,15,50,000/- (Rupees One Crore Fifteen Lakhs
    Fifty Thousand only) speaks volume off the collusion
    between the Defendants 3 to 5 to make unlawful gains to
    benefit themselves in the name of the fifth Defendant. No
    auction proceedings has ever taken place at the Schedule
    property, obviously the said Defendants could have created
    documents to show as if there had been an auction, which
    has never held. Under these circumstances the fifth
    Defendant does not get any right, title or interest over the
    Schedule property belonging to the Plaintiff which is said to
    be part of the alleged auction sale. As the Plaintiff has not
    been able to secure a copy of the auction sale proceedings
    and any further documents in that regard, she has not been
    able to produce documents in this regard as of now. 15.

    53 OS No. 25427/2008

    Considering the above facts, it becomes crystal clear that
    the Plaintiff right, title and interest is in no way affected by
    the collusive acts of Defendants 3 to 5. As the fifth
    Defendant by virtue of such collusive acts between the said
    Defendants may forcibly try to disposes the Plaintiff and her
    four tenants from the Schedule property, this suit is being
    filed. The Plaintiff is having direct and subsisting right in
    the suit schedule property. The fifth Defendant by colluding
    with the other Defendants is making hectic attempts to
    detrimental to the interest of the Plaintiff. Under these
    circumstances, the Plaintiff has no other alternative remedy
    than to approach this court for her redressal. The fifth
    Defendant has once again came near the suit schedule
    property and told the Plaintiff that he along with his
    supporters would take the possession of the suit schedule
    property with force whatever may be the consequences. The
    fifth Defendant is a powerful person having men and
    material and also has the support of anti-social elements
    that certainly dispossess the plaintiff from the schedule
    property. The Plaintiff is a poor lady having no support to
    the onslaught of the Defendants. The Plaintiff is in
    54 OS No. 25427/2008

    possession of the schedule property exercising her lawful
    right which she has acquired through registered sale deed.
    The fifth Defendant has no right, title and interest of
    whatsoever in respect of the Schedule property to interfere
    with the possession of the Plaintiff. In support of her case,
    PW1 got marked Ex.P1 to Ex.P35 documents. Ex.P1 is the
    original sale deed. Ex.P2 is the Special notice, Ex.P3 is the
    endorsement issued by BBMP. Ex.P4 is Katha certificate.
    Ex.P5 is the Khata extract. Ex.P6 to Ex.P12 are the 7 tax
    paid receipts. Ex.P13 is the registered sale deed. Ex.P14 is
    the khata certificate. Ex.P15, Ex.P16 and Ex.P21 are the
    encumbrance certificates. Ex.P17 is the khata certificate.
    Ex.P18 is the sanction letter issued by Bescom. Ex.P19 and
    Ex.P20 are two letters issued by BWSSB. Ex.P22 is the tax
    invoice. Ex.P23 to Ex.P30 are 8 photographs. Ex.P31 is the
    CD. Ex.P32 to Ex.P35 are four electricity bills.

    16. In its contrary it could also be seen from the
    deposition of DW1 and if summarized the case of Defendant
    No.5, according to Defendant No.5, they denied the
    averments of the plaint and also contended, it is false to
    say that the Plaintiff is the absolute owner in peaceful
    55 OS No. 25427/2008

    possession and enjoyment of the Schedule Property as
    claimed by her. The Plaintiff is residing in the Schedule
    Property as alleged. The address of the Plaintiff as shown in
    the cause title is also incorrect. The Suit of the Plaintiff is a
    collusive suit that is filed by the Plaintiff in collusion with
    Defendant No.1 to 3. The suit is only an attempt to save
    the property which is sold by the Bank under the provisions
    of Securitization and Reconstruction of Financial Assets and
    Enforcement of security Interest Act. It is false to say, the
    Plaintiff had purchased the schedule site from the 1st
    Defendant on 22.8.2005 through Absolute Sale Deed as
    claimed. It is false that after purchasing the said site, katha
    has been registered in the name of Plaintiff and she is
    paying the taxes to Bangalore Mahanagara Palike and on
    obtaining licence the Plaintiff had constructed five houses
    and that out of that she is residing with her family in one
    house situated in Ground Floor as alleged. The Plaintiff is
    put to strict proof of the same. It is false to say that a few
    people went near the Schedule Property and were discussing
    about purchase transaction and on enquiry they told they
    have come on behalf of 5th Defendant as alleged. It is false
    56 OS No. 25427/2008

    that the Plaintiff approached 1 st Defendant and 1st Defendant
    sought time to verify the information and intimate the same
    afterwards as alleged. It is false that the Second Defendant
    had obtained a decree of Specific Performance against the
    Third Defendant in respect of Schedule Property and that
    the Third Defendant who was the previous owner of
    Schedule Property had entered into an Agreement of sale
    with Second Defendant It is false that by virtue of the sale
    agreement dated 20.4.1990 the possession of Schedule
    Property was given on receipt of entire sale consideration. It
    is false that the Third Defendant had transferred all his
    right, title and interest in the properties including the
    Schedule Property except executing the Sale Deed for which
    purpose certain compliances was required to be obtained by
    Third defendant as alleged. It is false that the First
    defendant informed the Plaintiff that Third defendant after
    transferring his right, title and interest had pledged the
    Schedule Property to Fourth Defendant as surety to a loan
    transaction as alleged. However, it is true that the Fourth
    Defendant had taken steps under Securitization and
    Reconstruction of Financial Assets and Enforcement of
    57 OS No. 25427/2008

    security Interest Act had auctioned the Schedule Property
    and the adjacent sites in favour of Fifth defendant since the
    loan was not repaid and after classifying the loan and the
    property as non-performing asset the necessary action was
    initiated under Securitization and Reconstruction of
    Financial Assets and Enforcement of security Interest Act. It
    is false to state that as per the Agreement of Sale the Third
    Defendant had relinquished all his rights with possession in
    favour of Second Defendant in respect of Schedule Property
    and adjoining properties as alleged. It is false that
    mortgaging of the site in the Schedule Property and other
    properties mentioned in the agreement of sale by the Third
    defendant in favour of the fourth Defendant is long after
    the Third Defendant had executed the Agreement of Sale, as
    alleged. It is false that the Third Defendant had no right to
    create any encumbrance on the Schedule Property
    subsequent to 20.4.1990. It is false to say that the Third
    Defendant had no right, title and interest to mortgage the
    property in favour of Fourth Defendant and the mortgage of
    the Schedule Site is a void document which is nullity in the
    eye of law as alleged. It s false that the Fourth Defendant
    58 OS No. 25427/2008

    does not derive any title over the suit Schedule Property
    through the said document as alleged. It is false to say that
    there is no encumbrance over the Schedule Property. It is
    false to state that taking advantage of void and fabricated
    document, the Defendants 3 o 5 in collusion have auctioned
    the property with out the knowledge of the Plaintiff. It is
    false to say that at no point of time any body came to the
    Schedule Property and conducted any proceedings including
    auction proceedings. It is false to say that the Plaintiff is
    the bonafide purchaser and invested huge amount in putting
    up constructions. It is false that in view of the
    improvements made in the said site, at present the market
    value of the Schedule Property is more than one Crore. It is
    false to state auction sale was done in collusion between
    the Defendants 3 to 5 to defraud the Plaintiff. It is false to
    say no auction proceedings took place at the Schedule
    Property and the Defendants have created documents to
    show the auction had been conducted. It is false to state
    that the Fifth Defendant has no right, title and interest over
    the Schedule Property which is said to be part of auction
    sale as alleged. It is false to allege that the Fifth Defendant
    59 OS No. 25427/2008

    by virtue of such collusive act between the defendants
    forcibly trying to dispossess the Plaintiff and her tenants
    from the Schedule Property. It is false, the Fifth Defendant
    is making hectic efforts to interfere with the possession of
    the Schedule Property from last one week. When the
    Plaintiff is not in possession there is no question of such
    interfering. It is false, on 1.3.2008 Fifth Defendant and
    some strangers went near the Schedule Property and
    attempted to occupy the same and with great difficulty the
    Plaintiff resisted with the help of neighbours as alleged.
    There is no cause of action to the Suit and the one
    mentioned in the Suit is false and baseless. The suit is not
    properly valued and court fee paid is insufficient. Hence the
    suit requires to be dismissed on this count alone. The relief
    claimed by the Plaintiff is for injunction and a bare suit for
    injunction is not maintainable under law. The property is
    already conveyed in favour of this Defendant and without
    seeking for declaration of title and cancellation of Mortgage
    and Sale Deed by paying the Court Fee the Suit would not
    be maintainable under Section 31 and 34 of Specific Relief
    Act. Hence, the Suit shall fail on the count of
    60 OS No. 25427/2008

    maintainability itself. In this matter the case urged by the
    Plaintiff is already decided by the DRT which has got
    jurisdiction to decide the lis and therefore the Suit is not
    maintainable. One Mahalakshmi Industries had approached
    4th Defendant for grant of loan and 3 rd Defendant herein
    stood as guarantor. The said Mahalakshmi Industries and 3 rd
    Defendant did not honour their commitments and did not
    repay the loan amount. Therefore the said account and the
    said property were treated as non-performing assets and the
    Bank has decided to enforce security interest created in
    favour of the Bank. Therefore proper notices were caused to
    Defendants No.3 and Mahalakshmi Industries under section
    13(2)
    of the said Act. Since they did not comply with the
    demand with the said notice under Section 13(2) of the act,
    the Bank has proceeded further and the possession of the
    said property was taken by the Bank and the property was
    also offered for sale to the intending purchasers from
    general public. This Defendant having came to know about
    the availability of the property and had given a bid of
    Rs.1,15,50,000/-. Since the bid of this Defendant was
    highest, the Bank had accepted the bid and this Defendant
    61 OS No. 25427/2008

    had paid the entire amount and the sale certificate was also
    issued by the Bank dated 13.11.2007. At this juncture at the
    instance of Defendant No.1, who was unsuccessful before
    Hon’ble DRT has approached this Hon’ble Court with
    oblique motive by filing a Suit in O.S.No.27135/2007. But
    since the Defendant No.1 herein could not get any interim
    order in O.S.No.27135/2007, has set up the Plaintiff herein
    for filing the present Suit. Therefore, this Suit is a result of
    collusion between the Defendants 1 to 3 and hence it is
    clear that the Plaintiff has not approached this Court with
    clean hands. The entire exercise on the part of the Plaintiff
    is at the instance of the Defendants 1 to 3. In order to save
    the property which was mortgaged to the Bank and in order
    to complicate the issue 2nd and 3rd Defendant had fabricated
    a sale agreement dated 20.4.1990. What made the 2nd
    Defendant to file the Suit for specific performance of the
    Agreement after a period of 13 years is not forthcoming. It
    is very clear that the said Suit in O.S.No. 16200/2003 was a
    collusive decree obtained to defeat the rights of the secured
    debtor. Therefore the said decree is not binding on the
    Defendant No.4 and consequentially not binding on this
    62 OS No. 25427/2008

    Defendant. How limitation period was saved for a period of
    13 years to file the Suit for specific performance is not
    forthcoming and therefore it is clear that the said decree is
    a collusive decree obtained by playing fraud of Court and
    therefore the said Suit in O.S.No. 16200/2003 is not binding
    on this Defendant. Merely entering into agreement of sale in
    the year 1990 will not prevent the Defendant No.3 from
    entering into a mortgage Deed with the Bank in view of the
    fact that the said Agreement dated 20.4.1900 is not
    genuine. Even if it is genuine, the said agreement has no
    value after a period of 3 years. Therefore it is false to say
    that the mortgage deed entered into between the Bank and
    the 3rd Defendant is not valid. Even if the Plaintiff is a
    bonafide purchaser and she should have been careful to
    know the mortgages as on the date of obtaining Sale Deed
    from the Court of law. The property purchased by 2 nd
    Defendant is subject to mortgage that was created in favour
    of Defendant Bank and therefore it cannot be alleged that
    the said mortgage is not binding on the Defendant No.2.
    The Court while passing the Judgment and decree in
    O.S.No. 16200/2003 was kept in dark about the said
    63 OS No. 25427/2008

    mortgage and right of the said mortgage. Therefore the
    Court had no occasion to look into the encumbrances
    created and therefore the said decree was passed and hence
    the same is not binding on 4th Defendant and consequently
    no binding on this Defendant. Fraud was played by 3 rd
    Defendant in collusion with Defendant No.2. Since
    Defendant No 1, 2 and 3 were not successful in their
    attempts now this Plaint is set up by them by executing a
    nominal, sham document of sale in order to complicate the
    issue. Therefore the Plaintiff has no right or entitled to any
    relief as claimed by her. The case of the Plaintiff is totally
    hit under Section 52 of the Transfer of Property Act. A suit
    was filed by the 2nd defendant on 20.9.2003 for relief of
    specific performance of Agreement of Sale which was
    executed in the year 1990. It is submitted that suit was
    filed on 20.9.2003 by which time mortgage was created.
    Further the Suit was filed after a lapse of 13 years and
    decree was obtained which clearly shows that the Defendant
    No.3 did not contest the matter and therefore it is clear
    that it is a collusive suit. Further the property is purchased
    during the pendency of the dispute between 3 rd Defendant
    64 OS No. 25427/2008

    and the Bank. Therefore the transaction is hit under section
    52
    of the Transfer of Property Act. Therefore the Plaintiff
    acquired no right under the said sale deed which was
    executed during the pendency of the Suit. It is an exercise
    made by the defendant No. 1 to 3 through the Plaintiff. In
    support of his case, DW1 got marked E.xD1 to Ex.D9. Ex.D1
    is the certified copy of judgment dated 13.01.2020. Ex.D2 is
    the certified copy of judgment and decree in OS
    No.16200/2003. Ex.D3 is the office copy of legal notice.
    Ex.D4 is the certified copy of judgment. Ex.D5 is the
    certified copy of order of DRT in ASA 294/2007. Ex.D6 is
    the certified copy of order of Hon’ble High Court of
    Karnataka in WP No.146/2006. Ex.D7 is the bank statement
    from 1.10.2007 to 31.10.2007. Ex.D8 is the bank statement
    from 2.11.2007 to 30.11.2007. Ex.D9 is the certificate issued
    by CA.

    17. If it assimilated the controversy from the
    pleadings and evidence, 3rd Defendant deceased
    Sathyanarayana Reddy was be the original owner of suit
    schedule property. As per the Plaintiff, suit schedule
    property was the vacant site and it was sold by Defendant
    65 OS No. 25427/2008

    No.3 to 2nd Defendant under a sale agreement dated
    20.04.1990 and in virtue of said sale agreement, 2 nd
    Defendant R.Bhaskar got the exparte decree in against 3 rd
    Defendant in OS.No.16200/2003 as per Ex.D2 judgment
    copy. Based on Ex.D2 judgment copy R.Bhaskar sold the
    vacant site to deceased A.Sugandramma under Ex.P13 sale
    deed. Further, deceased A.sugandramma in turn sold such a
    vacant site to the Plaintiff under Ex.P1 sale deed. Based on
    Ex.P1 sale deed the Plaintiff got khata as per Ex.P2, Ex.P3,
    Ex.P4, Ex.P5 and Ex.P17 revenue documents and the
    Plaintiff paid all revenue tax to such of the vacant site over
    a vacant site as per Ex.P6 to Ex.P12 tax paid receipts. Also
    case of the Plaintiff, the transaction of Ex.P1 sale deed, it
    reflected in Ex.P15, Ex.P16 and Ex.P21 encumbrance
    certificate and the Plaintiff being owner in possession of
    such of the vacant site the Plaintiff constructed a house
    after got valid license from the competent authority. Since
    the Plaintiff have the building in the vacant site and also
    such of the building it connected by electrical and water
    connection as per Ex.P18 to Ex.P20 documents and Ex.P23
    to Ex.P32 photographs. Hence according to the Plaintiff, the
    66 OS No. 25427/2008

    Plaintiff have been in the possession of suit schedule
    property as on the date of filing of the suit. In despite it
    came to the knowledge of Plaintiff a few week back to
    filing of the present suit, the Plaintiff know it some people
    came near the suit schedule property and discussing about
    some purchase transaction and it finally, the Plaintiff learnt
    title of the suit schedule property defected on virtue of
    pledging of the same site by Defendant No.3 at before
    Defendant No.4 and Defendant No.4 it initiated the
    SURFASI act and auctioned the suit schedule property and
    adjacent in favour of 5th Defendant illegally. Hence the
    cause of action to the present suit arose to the Plaintiff in
    against all the Defendants. On the contrary from the same
    case record both the pleadings of Plaintiff and Defendants it
    also evidence, Defendant No.3 deceased Sathyanarayana
    Reddy who was being owner of suit schedule property, he
    pledged suit schedule property and other properties at
    before 4th Defendant bank as security to the loan. Since,
    surety offered by 3rd Defendant to the loan raised at before
    4th Defendant bank and on account co-extensive liability
    caused on 3rd Defendant deceased Sathyanarayan Reddy, 4th
    67 OS No. 25427/2008

    Defendant initiate a SARFSI act proceedings 4 th Defendant
    auctioned the suit schedule property at in the public and 5 th
    Defendant being one of the highest bidder he purchased the
    suit schedule property. Hence Defendant No.5 claimed he be
    the absolute owner in possession of the suit schedule
    property. The present suit of the Plaintiff just for a
    simplicitor injunction. Further, in the present suit no such
    of the issue in related to the title of the property have been
    framed and available in the record for discussion. The
    Plaintiff claimed the title and possession over the suit
    schedule property from 3rd Defendant deceased
    Sathyanarayana Reddy as per Ex.D2 judgment and decree to
    R.Bhaskar, R.Bhaskar executed the Ex.P13 sale deed to
    Defendant No.1 deceased Sugandramma and in turn
    Sugandramma sold the property to the Plaintiff under Ex.P1
    sale deed. In the contrary the same title of the same
    property have also devolved from the point of deceased
    Sathyarayana Reddy at through the Defendant No.4 bank
    under a SARFASI proceedings. With this background of
    observation one thing is evidence, both Defendants and
    Plaintiff claimed the title of the same property under a
    68 OS No. 25427/2008

    different flow of title from the point of original owner third
    Defendant Sathyanarayana Reddy. Since both Plaintiff and
    Defendant No.5 claimed the same property as per their flow
    of title from the point of Defendant No.3 deceased
    Sathyanarayana Reddy, the title of the very same property
    it covers more cloud on its face. Since, this court have no
    such of the authentication to discuss with respect to title of
    both the Plaintiff and Defendant No.5 to the same property
    under a suit for simplicitor injunction, this court have no
    other option to negate the claim of Plaintiff as per the
    judgment of Hon’ble Supreme Court make referred in the
    supra.

    18. Further, if it taken up the same controversy to
    resolve as per pleadings and evidence placed by both the
    parties, Ex.D14 judgment copy passed in RFA No.1938/2012
    by the Hon’ble High Court of Karnataka have also take its
    own evidentiary value for determination of the controversy.
    Accordingly, the relevant para No.22 and 23 of the
    judgment in Ex.D4 RFA No.1938/2012 by the Hon’ble High
    Court of Karnataka it extracted in the below;

    69 OS No. 25427/2008

    22. Further the present suit is
    valued under Section 24(b) and
    26(c) of the Karnataka Court Fees
    and Suit Valuation Act and even
    the framing of the suit made for
    declaration and permanent
    injunction having cumulative
    and negating effect of judgment
    and decree passed by the court in
    pursuance of the proceedings
    ended in favour of defendant
    No.2 (Bank).

    23. The conduct and the sequence
    of events establish how and why
    the plaintiff has come to the
    court for the relief sought, the
    timing and the date of said
    agreement by the said Bhaskar
    filing a suit when there was no
    opposition, exparte decree in
    favour of Bhaskar and then sale
    deed in favour of the plaintiff in
    the context of date of the sale
    agreement being 20.04.1990,
    speak of volumes against the
    plaintiff and his malafide
    intentions. The suit apart from
    being not maintainable lacks
    grounds for reliefs sought. On
    going through the materials on
    hand, I find the very suit apart
    from violative of Section 34 of
    the Act, it does not appears to
    have been filed for good reasons.

    70 OS No. 25427/2008

    19. If it go through the entire judgment of Hon’ble
    High Court of Karnataka preferred in RFA No.1938/2012 as
    per Ex.D4 document, wherein the judgment it could be seen
    the vendor of the Plaintiff, 1st Defendant by name deceased
    A.Sugandramma challenged the validity of judgment passed
    in OS No.27135/2007 by XXVIII Addl. City Civil Judge,
    Mayohall, Bengaluru. Important to note, though vendor of
    the Plaintiff A.Sugandramma had a RFA at before Hon’ble
    High Court of Karnataka in RFA No.1938/2012 as per Ex.D4
    wherein the same RFA, it dismissed by the same by the
    Hon’ble High Court of Karnataka and upheld the judgment
    and decree in OS No.27135/2007. Not in dispute vendor of
    the Plaintiff, 1st Defendant A.Sugandramma had a suit for
    declaration and permanent injunction in against Defendant
    Nos.3 to 5 of this suit with respect to the suit schedule
    property. Also not in dispute the suit in OS No.27135/2007
    disposed off in between, vendor of the Plaintiff, 1 st
    Defendant A.Sugandramma and Defendant Nos.3 to 5 also
    others Defendant with respect to the suit schedule property
    of this suit. Further not in dispute, the controversy with
    respect to title and possession of the suit schedule property
    71 OS No. 25427/2008

    have already been adjudicated in between Plaintiff’s vendor,
    1st Defendant and Defendant Nos.3 to 5 in OS
    No.27135/2007. Since the controversy in between the
    Plaintiff’s vendor 1st Defendant deceased A.Sugandramma
    and Defendant Nos.3 to 5 of this suit, have already
    directly and substantially in an issue in OS No.27135/2007
    and same it already decided by the court of jurisdiction
    including in the appeal jurisdiction, the same issue directly
    and substantially kept pending at before this court with
    respect to the same property, by the Plaintiff in against
    Defendant nos.3 to 5 with respect to the suit schedule
    property get shut down. As the suit of the Plaintiff barred
    by constructive resjudicata as per Ex.D4 judgment passed in
    RFA No.1938/2012, though Ex.P1 to Ex.P35 documents
    speaks something of the Plaintiff’s case, such of the bar to
    the present suit not permitted to appreciated the evidentiary
    value of Ex.P1 to Ex.P35 documents. Accordingly, such of
    the evidentiary value of Ex.P1 to Ex.P35 document not
    come to the aid of plaintiff’s case. So from the above
    observation, I answer issue Nos.1 to 3 in the Negative.

    72 OS No. 25427/2008

    20. Issue No.4:- For the foregoing reasons, I
    proceed to pass the following;

    : O R D E R :

    Suit of the plaintiff, is
    dismissed.

    Draw decree accordingly.

    No order as to cost.

                                 In view of disposal of
                         the suit, pending interlocutory
                         applications      if   any      do   not
                         survive for consideration and
                         they stands disposed off.
    
    

    (Dictated directly to the Stenographer on computer typed by her, corrected and
    then signed by me and pronounced in the open Court on this the 13 th day of
    July, 2026)
    sd/-

    [ ONKARAPPA.R]
    XIII ADDL.CITY CIVIL & SESSIONS JUDGE
    BENGALURU

    :ANNEXURE:

    WITNESSES EXAMINED FOR THE PLAINTIFFS:

    PW.1         :      Narayanamma
    WITNESSES EXAMINED FOR THE DEFENDANT:
    DW.1     :   A Venkataramana
    DOCUMENTS EXHIBITED FOR THE PLAINTIFF:
                                      73           OS No. 25427/2008
    
    
    Ex.P1      Original Sale deed
    Ex.P2      Special Notice
    Ex.P3      Endorsement issued by BBMP
    Ex.P4      Katha certificate
    Ex.P5      Katha extract
    Ex.P6 to   7 Tax paid receipt
    12
    Ex.P13     Registered sale deed
    Ex.P14     Khata certificate
    Ex.P15 &   Two encumbrance certificate
    Ex.P16
    Ex.P.17    Khata Certificate
    Ex.P.18    Sanction letter issued by BESCOM
    Ex.P.19 & 2 Letters issued by BWSSB
    20
    Ex.P.21    Encumbrance Certificate
    Ex.P.22    Tax Invoice
    Ex.P.23    8 Photos
    to 30
    Ex.P.31    C.D.
    Ex.P.32    4 Electricity Bills
    to 35
    
    
    
    
     DOCUMENTS EXHIBITED FOR THE DEFENDANT:-
                               74                  OS No. 25427/2008
    
    
    

    Ex.D1 Certified copy of judgment dt.13.01.2020 in RFA
    1938/2012
    Ex.D2 Certified copy of judgment and decree in
    O.S.No. 16200/2003
    Ex.D3 Office copy of legal notice to Indian Bank with
    original seal of Indian bank for having received
    the same.

    Ex.D4 Certified copy of judgment dt.03.03.2020 in RFA
    1938/2012
    Ex.D5 Certified copy of orders of DRT in ASA
    294/2007
    Ex.D6 Certified copy of orders of Hon’ble High Court
    of Karnataka in WP 146/2006

    Ex.D7 Bank statement from 1.10.2007 to 31.10.2007.

    Ex.D8 Bank statement from 2.11.2007 to 30.11.2007.

    Ex.D9 Certificate issued by CA.

    sd/-

    [ ONKARAPPA.R ]
    XIII ADDL.CITY CIVIL & SESSIONS JUDGE
    BENGALURU



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