SHANTHA NAGESHA RAO Vs. SHIVANANDA SHARMA

JUDGEMENT

(1.) This Misc.First Appeal is filed under Order 43 Rule 1(r) read with Sec. 151 of CPC, 1908 calling in question the legality and correctness of the order dtd. 12/3/2025 passed by the learned III Addl.City Civil and Sessions Judge, Bengaluru in OS No.3213/2019, whereby, the learned trial Court dismissed I.A.No.1 filed by the appellants (herein original plaintiffs) seeking an order of temporary injunction to restrain the respondents from operating a sewerage treatment plant (STP) located in the set back area adjoining the plaintiffs' residential property. The factual matrix of the case are as under:

(2.) It is the case of the appellants that, they are the legal representatives of original plaintiff, a senior citizen then, who had instituted the suit during her lifetime seeking both mandatory and permanent injunctions against the operation of the STP by the first and second defendants. It is the specific allegation of the appellants that STP has been installed illegally by the respondents in the set back area of the property bearing Schedule-A which abuts the plaintiff's residential house. It is further alleged that the said STP causes persistent foul smell, environmental nuisance and infringes upon the plaintiff's rights to clean air, peaceful residence and dignified living and thereby constituting a direct violation of their fundamental rights.

(3.) The main grievance of the appellants is that, the trial Court has failed to appreciate the nature of the relief sought and the serious hardship caused due to the illegal installation and continuous operation of the STP. But, the interim application so filed by the appellants was dismissed by the trial Court by the impugned order challenged in this appeal.