ANAND Vs. MAYURA SRINATH

JUDGEMENT

(1.) THE correctness and legality of the order dated 1 -1 -2011 passed on IAs XIII and XIV in OS No. 5030 of 1997, on the file of XI Addl City Civil Judge, Bangalore, is called in question in these writ petition. Heard the learned counsel for the parties.

(2.) IT is the case of the petitioner that his father S.V. Shastry was a tenant of the respondents and was running a hotel in the suit premises. It appears, father of petitioner demolished the kitchen block of the building and therefore, the suit came to be filed for mandatory injunction, directing the petitioner herein to rebuild the walls and roof slabs and to restore the property to its original position. Petitioner contested the suit, denying the allegations that his father demolished the kitchen walls. It was contended by him that it was his neighbour who demolished the walls.

(3.) THE learned judge of the trial court, having heard the learned counsel for the parties, rejected the application filed by the petitioner herein for dismissal of the suit and allowed the application for amending the prayer. Challenging this order, the present writ petitions are filed.