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2020 Supreme(Kar) 1216

H.P.SANDESH
Siddesh B T Umesh – Appellant
Versus
Bruhat Bengaluru Mahanagara Palike – Respondent


Advocates Appeared:
V.B. Shiva Kumar, Advocate, H. Devendrappa, Advocate, H. Devendrappa And Associates, Advocate, Narayana S, Advocate, R.B. Sadasivappa, Advocate

JUDGMENT

H P Sandesh, J. - This appeal is filed by the plaintiff challenging the order dated 15.11.2018 passed on I.A.No.3 filed under Order VII Rule 11 (a) and (d) of CPC in O.S.No.2366/2018 on the file of the XII Additional City Civil and Sessions Judge, Bengaluru allowing the said I.A.

2. The factual matrix of the case is that the appellant herein, who is the plaintiff before the Trial Court had filed the suit against the respondents/defendants seeking for the following reliefs :-

    (a) to declare that the walls provided to the two schedule immovable properties are common walls and such walls cannot be demolished by defendant No.3 illegally and unauthorisedly;

      (b) for a decree of declaration declaring that the construction undertaken by defendant No.3 in the property which is the subject matter of notices under Sections 321(1), 321(2) and 321(3) of the Karnataka Municipal Corporations Act pertaining to property No.109, 3rd Cross, Shantaveeraiah Lane, Bengaluru-560 002 is illegal, unlawful, without appropriate and proper permission granted;

        (c) to issue a decree of perpetual injunction restraining defendant No.3 from putting up any illegal and unlawful construction on the 'C' Schedu

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