N.SHASHIKALA Vs. N.ANANDA

JUDGEMENT

(1.) Challenging order dtd. 20/9/2018 passed by LIX Addl. City Civil Judge, Bengaluru (CCH 60), on I.A.no.II in O.S.no.7718/2017 at Annexure-A, W.P.no.48952/2018 is filed; while W.P.no.48593/2018 is filed challenging order dtd. 20/9/2018 passed by LIX Addl. City Civil Judge, Bengaluru (CCH 60), on I.A.no.III, in O.S.no.7718/2017 at Annexure-A.

(2.) Shri Ramananda A.D., learned counsel for petitioner submitted that petitioner is plaintiff in O.S.no.7718/2017 filed for permanent injunction restraining defendant from interfering with western side of suit schedule property. In said suit, defendant entered appearance and filed written statement.

(3.) It was submitted that plaintiff was defendant's sister and present suit was filed stating that in O.S.no.592/1975 filed for partition and as per compromise decree, suit schedule property was allotted jointly to defendant and plaintiff's brother Sri. N. Vasudev @ Vasudev Murthy. Thereafter plaintiff purchased suit schedule property under registered sale deed dtd. 14/12/2001 and khata was also issued in her name by BBMP. It was further averred that plaintiff paying property tax, obtaining loan for construction of building, obtaining sanction of building plan from BBMP would indicate that plaintiff was in possession of even 5 ft. vacant space towards western side of suit schedule property. And that without any manner of right or title over suit schedule property, defendant was encroaching plaintiff's property towards western side by attempting to construct building without obtaining sanctioned plan or building licence. Attempts by plaintiff to call upon BBMP to take action and filing of police complaint were futile, leading to filing of suit. It was submitted that defendant entered appearance and denied plaintiff's suit in toto.