IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V SRISHANANDA
Kamalamma, Since Dead By Her Lrs.- S. Ramadas Naidu – Appellant
Versus
Sanjeevappa, Since Deceased By Lrs.- Sri Muniyappa, Son Of Late Sanjeevappa – Respondent
JUDGMENT :
V. SRISHANANDA, J.
Heard Sri L.M.Chidanandayya, learned counsel for the appellants and Sri M.B.Chandrachooda, learned counsel for the respondents.
2. Defendants in O.S No.2440/1996 are the appellants challenging the judgment and decree dated 12.03.2012 passed in said suit on the file of the XXVII Additional City Civil Judge, Bengaluru.
3. Operative portion of the judgment and decree reads as under:
“Suit of the plaintiff is decreed.
It is declared that, the construction made by defendant No.1, now her Legal heirs defendant No.1(a) to (g) upon the suit schedule 'B' property is in violation of sanction plan and is illegal construction.
Consequently, defendant No.1(a) to (g) are hereby directed to demolish the deviation as noticed by the Commissioner within 3 months from the date of order. In case of failure, defendant No.2 to take appropriate, action for demolition.
As the plaintiff and defendant No.1(a) to (g) are neighbours, looking to the their status, 1 pass no order as to costs.
There shall be decree in the above terms.”
4. Parties are referred to as plaintiff and defendant as per their ranking before the Trial Court for the sake of convenience.
5. Facts in the nutshell which ar
Construction without adherence to sanctioned plans violates legal provisions and prior judgments limit contradictory claims in property disputes.
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