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SHIVASHANKAR AMARANNAVAR
Laxman S/o Satteppa Warad, Since Deceased By His Lr’s. – Appellant
Versus
Town Municipal Council – Respondent
JUDGMENT :
This second appeal is filled praying to set aside the judgment and decree dated 27.09.2007 passed in RA No.51/2005 by the Additional Civil Judge, (Senior Division), Jamakhandi sitting at Mudhol and confirm judgment and decree dated 28.02.2005 passed in O.S No.197/2003 by the Principal Civil Judge, (Junior Division), Mudhol.
2. The appellant was the plaintiff and respondent was the defendant in the trial Court in O.S.No.197/2003. Parties herein are referred as per their ranks in the Trial Court.
3. The appellant-plaintiff died during pendency of this appeal, his LRs were brought on record.
4. The appellant-plaintiff has filed a suit in O.S No.197/2003 seeking the relief of declaration and injunction in respect of suit property bearing C.T.S.No.4195 measuring 342 Sq.Mtr situated at ward No.V, Mudhol having the boundaries towards East: Mudhol-Lokapur Road, towards West: Municipal Gattar, towards North: Plaintiff property bearing CTS No. 3817 and 3393 and towards South: CTS No. 3818 APMC. Along with plaint hand sketch has been enclosed which showing the topography of the suit property.
5. The case of the plaintiff is that he is the actual owner and possessor of the suit property
The main legal point established in the judgment is the interpretation of the requirement of prior notice under Section 284(1) of The Karnataka Municipalities Act and its applicability to the specifi....
Owners have the right to challenge unauthorized constructions violating building bye-laws, and the Limitation Act allows for continuance of action in such breaches.
Construction without adherence to sanctioned plans violates legal provisions and prior judgments limit contradictory claims in property disputes.
Abandonment of an earlier suit without obtaining necessary permission under Order 23 Rule 1(4) CPC precludes the plaintiff from maintaining a subsequent suit on the same cause of action.
Possession of land can establish ownership rights, and failure to assert rightful ownership within the statutory period extinguishes those rights.
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