ANIL JOHN Vs. JAGAN M. SHESHADRI AND ORS.

JUDGEMENT

(1.) APPLICATION filed by the plaintiff - appellant herein seeking an order of temporary injunction to restrain defendants 1 & 2/respondents 1 & 2 herein from putting up any further construction in suit B schedule property having been dismissed by the Court below, the present appeal is filed.

(2.) APPELLANT has filed the suit O.S. No. 4950/2014 seeking relief of permanent injunction against defendants 1 & 2 from putting up any further construction in schedule B property, on the eastern boundary of schedule A property, in violation of the sanctioned plan and for mandatory injunction against defendants 1 to 3 to remove the columns/construction put up casting the fourth floor slab in schedule B property in violation of sanctioned plan.

(3.) SUIT and the application were resisted by defendants 1 & 2 by filing objections and written statement. The 3rd defendant - BBMP did not file any objections. Defendants 1 & 2 contended that they were putting up construction strictly in accordance with the terms of sanctioned plan maintaining required setback as well as floor area ratio. They urged that so far they had constructed stilt floor parking, ground floor, first and second floor. They also contended that over the second floor of the building, they have put up head room of the lift, water tank, stair case head room, which was in pursuance to the plan sanctioned. They alleged that indeed plaintiff himself had constructed residential building by violating the sanctioned plan and because of the illegal act of the plaintiff, defendants' rights were jeopardized. Defendants 1 & 2 also took up the contention that even if there was any violation, it was less than 5% which could be compounded legally by the Corporation. They also pointed out that the order passed by the Competent Authority under Section 321(3) of the Karnataka Municipal Corporation Act has been challenged in Appeal No. 781/2014 before the Karnataka Appellate Tribunal (for short, the Tribunal') where the said appeal is pending. Therefore, they sought for rejection of the application.