JUDGMENT :

1. This Regular Second Appeal is filed by the plaintiff-appellant against the judgment and decree dtd. 18/11/2010 passed in Regular Appeal Nos.124/2004 and 249/2004 on the file of Principal District Judge, Dakshina Kannada, Mangalore (hereinafter referred to as the 'First Appellate Court'), in and by which, the first appellate court while dismissing the appeal filed by the plaintiff, confirmed the judgment and decree dtd. 30/9/1997 passed in O.S.Nos.408/1994 and 841/1993 on the file of Principal Civil Judge (Jn.Dn.), Mangalore (hereinafter referred to as the 'Trial Court').

2. Parties are hereinafter referred to as per their original rankings before the trial court.

3. The appellant-plaintiff has filed suit in O.S.No.408/1994 seeking relief of declaration that the licence and sanctioned plan that has been issued by the Defendant No.1 dtd. 16/4/1993 is opposed to the provisions of Karnataka Municipal Corporation Act, 1976, the Zonal regulations, O.D.P and C.D.P and for a mandatory injunction directing the first defendant to cancel/revoke the said licence and sanctioned plan and also for a permanent injunction restraining the defendant Nos. 3 to 5 from constructing the first