BANGALORE MAHANAGARA PALIKE Vs. SRI. R. SIDDANANJAPPA, SRI. NANDAGOPALA REDDY K.R. MAJOR, SRI. K.M. JANARDHANA REDDY MAJOR, SRI. K.M. PRASANNA KUMAR MAJOR

JUDGEMENT

(1.) THIS appeal by the defendants in O.S. No. 6558/98 on the file of XXVII Additional City Civil Judge, Bangalore is directed against the judgment and decree dated 12.8.2009 passed therein decreeing the suit filed by the respondent -plaintiff seeking relief of permanent injunction. During the course of this judgment, for the sake of convenience, the parties herein would be referred with reference to their ranking in the court below.

(2.) THE plaintiffs filed a suit seeking relief of permanent injunction restraining the defendant -Corporation and its functionaries from interfering with their peaceful possession and enjoyment of the suit schedule property, in any manner; for the invalidation of the provisional order dated 17.2.2008 as not relating to the suit schedule property and further to direct the defendants not to take any action against them in pursuance of the provisional order issued under Section 321 of the Karnataka Municipal Corporations Act, 1976. The subject matter of the property is a cinema theater constructed on property bearing Khata Nos. 382/49 and 383/50 situated in Koramangala Village, Begur Hobli, Bangalore South Taluk.

(3.) THE defendants on their appearance filed written statement justifying the issue of notice. The Trial Court framed issues, thereafter, the plaintiff led evidence and produced documentary evidence. On the other hand, the defendant neither led any oral evidence nor produced any documentary evidence.