G.ANAND KUMAR BHANDARI Vs. NARASIMHA MURTHY N.

JUDGEMENT

(1.) In a suit filed by respondent No.1 (hereinafter referred to as the "plaintiff") in O.S.No.1441/2020, the petitioner No.1 (hereinafter referred to as the "defendant No.1") moved an application in I.A.No.3 under Order VII Rule 11(d) read with section 151 CPC, seeking to reject the plaint on the ground that the suit is barred by the provisions of the Karnataka Municipal Corporation Act, 1976 and also under the provisions of Code of Civil Procedure, 1908.

(2.) The facts of the case are that the plaintiff filed the above suit for bare injunction seeking to restrain defendant Nos.1 and 2 from putting up illegal construction in the 'B' schedule property in violation of the building license and sanctioned plan. According to the plaintiff, defendant Nos.1 and 2 without leaving set-back, started constructing the building in the 'B' schedule property with an intent to construct multistoried building of more than 6 to 7 floors. The apprehension of the plaintiff is that, if the defendants constructed the building illegally against the bye-law, then the plaintiff will be put to irreparable loss and injury and block the air and light to the plaintiff's 'A' schedule property and there is likelihood to damage being caused to plaintiff's building.

(3.) On service of summons, defendant Nos.1 and 2, sought to reject the said plaint on the ground that in view of section 321 of the Karnataka Municipal Corporations Act, 1976 (hereinafter referred to as the "Act"), jurisdiction of the Civil Court is ousted and therefore, the suit is not maintainable and the Civil Court has no jurisdiction to entertain the suit.