- 1 - HC-KAR NC: 2025:KHC:28308 MFA No. 4924 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO.4924 OF 2024 (CPC) BETWEEN: 1. ATHMEEYA GELEYARA BALAGA GRUHA NIRMANA SAHAKARA SANGHA LTD., NO.15, 2ND FLOOR, 3RD STAGE, A.G.B LAYOUT, NANDINI LAYOUT MAIN ROAD, MAHALAKSHMIPURAM, BENGALURU - 560 086. REPRESENTED BY ITS SECRETARY. …APPELLANT (BY SRI. MURALIDHAR H.M., ADVOCATE) AND: 1. ESTATE OFFICER/ADDITIONAL DIVISIONAL RAILWAY MANAGER (TECHNICAL), SOUTH WESTERN RAILWAY, BENGALURU DIVISION, BENGALURU - 560 023. 2. UNION OF INDIA, DEPARTMENT OF RAILWAYS, SOUTH WESTERN RAILWAY, BENGALURU - 560 023. REPRESENTED BY ITS SENIOR DIVISIONAL ENGINEER. …RESPONDENTS (BY SRI A. CHANDRA CHUD, CGSPC FOR R1 AND R2) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28308 MFA No. 4924 of 2024 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 25.06.2024 PASSED IN O.S.NO.3840/2024 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-12), REJECTING IA NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 OF CPC. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard the learned counsel for the appellant and the learned counsel for respondent Nos.1 and 2. 2. This Court earlier having heard the matter, vide order dated 23.01.2025, directed the Survey Department to survey the property, since there is a dispute with regard to the encroachment and the construction undertaken by the Railway Department and directed the Survey Department to survey the land of acquired portion by the Railway Department and if any such encroachment is found either by the appellant or by the respondents, mark the same in the report and also directed to report with regard to the fact that if any work is undertaken by the Railway Department other than the property which was acquired. - 3 - HC-KAR NC: 2025:KHC:28308 MFA No. 4924 of 2024 3. Now the report is submitted before this Court. The copy is also served on both the learned counsel. 4. On perusal of the report submitted by the Survey Department, specifically mentioned the area which was acquired by the Railway Department pertaining to the land of the Society and also shown in the colour where the encroachment was made by the Railway Department i.e., 00.75 in Sy.No.19 and 00.12 in Survey No.21/3, in total 12.75. In the survey report, in yellow colour shown the encroached property by the Railway Department even though the same was not acquired by the Railway Department in Sy.Nos.17, 18 and 47 to the extent of total 17.25 guntas of land. The report is very clear that the Railway Department without acquisition, encroached the property which is shown in yellow colour. The property which was acquired by the Railway Department after the property was acquired by the Society is also shown in respect of Sy.Nos.19 and 21/3 in orange colour. The fact that the railways has undertaken the project is not in dispute, but shall not carry out any project making any construction in the area, which is encroached by the railways in terms of the report, till the disposal of the suit. - 4 - HC-KAR NC: 2025:KHC:28308 MFA No. 4924 of 2024 5. The learned counsel for the respondents also filed objections to the Commissioner’s report. 6. The Trial Court while considering the matter on merits, shall consider this report and also the objections and if necessary, examine the person who conducted the spot inspection regarding encroachment is concerned and decide the matter on merits. The railway is permitted to carry on its project work which is shown in blue colour i.e., the land belonging to the railway. 7. With these observations, the appeal is disposed of. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 53