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2010 DIGILAW 198 (KAR)

Venkatesh v. State of Karnataka

2010-02-15

MOHAN M.SHANTANAGOUDAR

body2010
Judgment : Petitioner claiming to be the purchaser of House No. 31 situated at Shashtri Nagara Slum Area, Bangalore City, has filed this writ petition praying for quashing endorsement at Annexure-C, dated 31-10-2009/20-11-2009. 2. The records reveal that one Smt. Lakshmamma was unauthorisedly staying in House No. 31, situated at shashtri Nagara Slum Area, Bangalore City. Smt. Venkatamma, the third respondent herein is the owner of the said property. She filed O.S. No. 7155 of 2001 before the City Civil Court, Bangalore for evicting Smt, Lakshmamma, The said suit came to be decreed and consequently, Smt. Lakshmamma is ordered to be evicted. Pursuant to the decree passed in the Civil Court, the slum Clearance Board, the second respondent herein issued notice/endorsement vide Annexure-C directing Smt. Lakshmamma to Vacate the premises in question. The petitioner claims to be the purchaser from Smt. Lakshmamma. Copy of the sale deed is not produced along with the writ petition. Petitioner has filed O.S. No. 829 of 2010 also for seeking certain reliefs before the Civil Court against the third respondent herein. The said suit in O.S. No. 829 of 2010 is filed on 6-2-2010. Which means, the suit was filed after receipt of the impugned notice/endorsement. According to the petitioner, he cannot be evicted during the pendency of O.S. No. 829 of 2010. 3. Since the petitioner has already filed a civil suit, the Court does not wish to comment anything on merits of the matter. However, this Court, does not find any error in the impugned notice/endorsement. The impugned notice/endorsement is issued in pursuance to the decree passed in favour of the third respondent in O.S. No. 7155 of 2001. Therefore, the same cannot be interfered with. Accordingly, the writ petition fails and the same is dismissed. It is open for the petitioner to proceed in accordance with law in the suit filed by him in O.S. No. 829 of 2010.