M.GADDE GOWDA Vs. SUDHAKAR SHASTRY

JUDGEMENT

(1.) The petitioner's application Order I Rule 10 of CPC in the suit in on the file of the LXXIV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (for short, the civil Court') is rejected by the civil Court by its impugned order dated 09/04/2019. As such, the writ petition is filed. Further, the civil Court has allowed the application filed by the respondent No. 1 granting injunction against the Bruhat Bengaluru Mahanagara Palike (for short 'the BBMP'), one of the defendants and respondent No. 2, from demolishing construction in the subject property, and the petitioner has impugned the same in the appeal.

(2.) The undisputed facts are that the petitioner, who is the owner of the neighboring property owned by the respondent No.1, filed a complaint with the BBMP alleging that the respondent No.1 was constructing in deviation on sanction accorded for construction. This complaint has led to flurry of proceedings including the suit in by the respondent No.1 against a certain Smt. Nirmala (defendant No.1) and the BBMP and the writ petition filed by the petitioner in W.P. No.1714/2019 for directions to the BBMP to take action against the alleged deviation in the construction by the respondent No.1 acting on his complaint. This court has disposed of the writ petition in W.P.No.1714/2019 on 03.04.2019, directing the BBMP to take further action pursuant to the Confirmation Order under Section 321 (3) of the Karnataka Municipal Corporations Act, 1976 (for short 'the KMC Act').

(3.) The learned counsel for the petitioner and the learned counsel for the BBMP submit that after the writ petition in W.P.No.1714/2019 is disposed of on 03.04.2019 as aforesaid, the Corporation has issued necessary orders under Section 462 of the KMC Act.