APPASAHEB Vs. JAYASHREE

JUDGEMENT

(1.) Leave granted.

(2.) In this set of appeals, the rival parties in the proceedings arising out of a suit for declaration, prohibitory injunction and mandatory injunction (O.S. No. 129 of 2016) are both aggrieved by the order dtd. 21/8/2019, as passed by the High Court of Karnataka, Dharwad Bench in contempt proceedings, being CCC No. 100375 of 2018, whereby the High Court, though found the defendant (non-applicant) not guilty of contempt, yet proceeded to issue several directions to the parties to partly remove the existing structure of the building in question as also to the Commissioner, Hubballi-Dharwad Municipal Corporation (hereinafter also referred to as 'the Municipal Corporation') to inspect the structure in question and to take steps to bring the building in conformity with the sanctioned plan.

(3.) These appeals carry the peculiarities of their own, where parties on both the sides are aggrieved of the order passed by the High Court. Having regard to the circumstances, we may briefly take note of the relevant background aspects leading to these appeals.