C.GANESH NARAYAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a classic case of how a dispute between the family members is blown out of proportion and trivial issues are brought before the Court and precious judicial time is wasted on deciding such issues. The core issue is regarding the provision and opening of a gate to a commercial property belonging to the petitioners and respondent No.5.

(2.) Earlier the petitioners were before this Court calling in question an order dtd. 31/10/2023 passed by the Chief Commissioner and appellate authority, Bruhat Bengaluru Mahanagara Palike (hereinafter referred to as the 'BBMP' for short). Undisputed facts are that in terms of a registered partition deed dtd. 17/4/2002, the property in question which is situated at a prominent road in the Central Business District (CBD) of Bengaluru was divided between the petitioners and respondent No.5. In terms of the schedule shown in the partition deed, two separate khatas were registered in the office of the respondent- BBMP. However, the petitioners as well as the fifth respondent jointly applied for grant of building licence and sought for sanctioning of a building plan from the BBMP for construction of a multistoreyed commercial building. The commercial complex was accordingly built. Occupancy certificate was issued by the BBMP on 14/5/2004. Thereafter, the owners decided to put up additional floors and accordingly they submitted a modified plan on 2/2/2007 to seek building licence and sanction plan to put up the fourth floor. The modified plan was approved on 30/6/2007.

(3.) Disputes thereafter arose between the parties and the fifth respondent/their family members filed a suit in O.S.No.1265/2023 seeking a decree of permanent injunction against the petitioners. It is alleged by the petitioners that on obtaining an exparte temporary injunction, the fifth respondent/their family members proceeded to chain the gate constructed by the petitioners. In MFA No.2343/2023 filed by the petitioners, this Court directed the fifth respondent/plaintiffs in the suit not to cause obstruction or hindrance to the use and occupation of the portion of the property belonging to the petitioners, till the disposal of the suit.