COMMISSIONER Vs. SHAHATAZ M. SHARIFF

JUDGEMENT

(1.) This appeal is directed against the judgment and decree, dated 20-7-2009 passed by the Court of the XXVII Additional City Civil Judge, Bangalore in O.S. No. 509 of 2003. The facts of the case in brief are that the appellant, on noticing the deviations in the buildings put up by the first respondent on the property in question, issued the notice and the provisional order, dated 8-1-2003 (Ex. P. 15) under Section 321(1) of the Karnataka Municipal Corporations Act, 1976 ('the K.M.C. Act' for short). It required the first respondent to demolish the construction raised in violation of the sanctioned plan, building bye-laws, etc. This was followed by the confirmatory order, dated 16-1-2003 (Ex. P. 16) passed by the appellant in exercise of the power conferred by Section 321(3) of the K.M.C. Act. The respondent 1 filed the suit in O.S. No. 509 of 2003 seeking the relief of permanent injunction against the appellant and the second respondent. The said suit was clubbed with O.S. No. 4467 of 2002 filed by the respondent 2.

(2.) The Trial Court formulated the following issues:

(3.) The common enquiry was held. The respondent 2 was examined as P.W. 1, marking the documents at Exs. P. 1 to P. 32. On behalf of the first respondent, her general power of attorney holder Sri Mehboob Sheriff was examined as D.W. 1, marking 20 documents in Ex. D. series. While answering the contentious issues against the appellant, the Trial Court decreed O.S. No. 509 of 2003 permanently restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property.