T.S. SHIVABHADRAPPA, SON OF N. SHAMANNA Vs. THE COMMISSIONER, BANGALORE MAHANAGARA PALIKE, J.C. ROAD, BANGALORE - 560 002 AND OTHERS

JUDGEMENT

(1.) THE appellants herein are the plaintiffs in O.S. No. 823/2008. The suit in question was filed by the plaintiffs seeking for a declaration that the approved plan bearing L.P. No. 2859/2007 -2008 dated 26.10.2007 issued by the defendants no. 1 to 4 is unlawful, illegal, improper and liable to be set aside. In that regard, the consequential relief of injunction was also prayed. The Court below has ultimately dismissed the suit by its judgment dated 03.09.2010. The plaintiffs therefore claiming to be aggrieved by the same are before this Court in this appeal. The parties would be referred to in the same rank as assigned to them before the Court below for the purpose of convenience and clarity.

(2.) HEARD the learned counsel for the appellants and the contesting respondent, who appeared party -in -person.

(3.) THE plaintiffs are the owners of the respective adjacent properties bearing No.256 and 258, 17th cross, 24th main, 5th phase, J.P.Nagar, Bangalore. It is in that context, the prayer was made in the plaint to declare the plan itself as illegal. The defendant had appeared and disputed the claim putforth by the plaintiffs. It was the contention of the Official defendants that, the plan had been sanctioned and construction is being put up by the 5th defendant is in accordance with law. Similarly, the 5th defendant also contended that, as per the sanctioned plan the construction is being put up and the suit is without basis.