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2025 Supreme(Online)(KAR) 3449

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR. JUSTICE H.P.SANDESH, J
Shivkumar S/o. Rudra Murthy – Appellant
Versus
G.r.grand Residency Apartment Owners Association – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. SWAROOP ANAND R., ADVOCATE
For the Respondent: SRI. SUBHASHACHANDRA S.HEDDURSHETTAR, FOR C/R

ORAL JUDGMENT

Heard learned counsel for the appellant and learned counsel for the respondent.

2. The factual matrix of the case of the appellant/plaintiff before the Trial Court while seeking the relief of permanent injunction is to restrain the defendant or any person claiming through or under them from in any manner interfering with plaintiff’s lawful possession and enjoyment of the schedule ‘B’ property and also grant permanent injunction restraining the defendant from interfering with the plaintiff’s usage of common amenities of the schedule ‘B’ property including DG power connection, electricity and water supply to the schedule ‘B’ property and also sought for the relief of mandatory injunction directing the defendant to receive the principal amount of dues on maintenance, calculated from Sale Certificate dated 26.02.2024, not exceeding three years back as per the measurement of the apartment in the sale deed i.e., 1,120 sq.ft. and grant such other relief.

3. While seeking such relief of permanent injunction and mandatory injunction, the plaintiff filed an application- I.A.No.1 under Order XXXIX Rule 1 and 2 read with Section 151 CPC to grant an order of temporary injunction rest

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