1. Plaintiff in OS.No.8120/2012 on the file of XXVII Additional City Civil Judge, Bangalore (CCH-9) has come up in this appeal impugning the order dated 15.12.2012 passed on IAs.2 to 5 in the said suit.

2. The undisputed facts leading to this appeal are that plaintiff in original suit is owner of property bearing No.21, Grover Road, Frazer Town, Bangalore. The first defendant in the said suit is owner of property bearing No.22, situated in the same road adjacent to the property of plaintiff in the same locality, which is morefully referred to as suit schedule property. The original suit in OS.No.8120/2012 is filed by plaintiff who is appellant herein seeking to restrain first defendant from constructing the building on his property without leaving set backs contrary to sanctioned plan. Also for mandatory injunction to remove unauthorized construction put up in the set back area of said building. The suit was filed on 16.11.2011 along with an application under Order 39 Rules 1 and 2. An application was also filed in the said suit seeking dispensation of mandatory notice to second defendant – BBMP as required under Section 482 of Karnataka Municipal Corporation Act. The sai