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2025 Supreme(Online)(KAR) 2647

HIGH COURT OF KARNATAKA
MR. JUSTICE H.T. NARENDRA PRASAD, J
MR. BALAKRISHNA SUVARNA – Appellant
Versus
MANGALORE CITY CORPORATION LALBAUG – Respondent


Petitioner Advocates:RAGHAVENDRA SHENOY M ,Respondent Advocate:

ORAL ORDER

1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff, challenging the order dated 05.12.2024 passed by the III Additional Civil Judge and JMFC, Mangaluru on I.A.No.4 filed by the applicants under Order I Rule 10(2) read with Section 151 of CPC in O.S.No.1089/2024, whereby the trial Court allowed the application.

2. Brief facts of the case of the plaintiff are as under:

a) That the plaintiff is the owner of the suit schedule property, which he purchased from Mrs. Sarojini, a neighbor who is now deceased. On the suit schedule property, the plaintiff has constructed a small shed for the purpose of preparing/manufacturing furniture and carrying out carpentry work. He has been conducting this business for more than 15 years.

b) Subsequently, one Mr.Sathish K, son of the Late Mrs.Sarojini, lodged a complaint with the Mangaluru City Corporation, alleging that the plaintiff has been creating noise pollution, sound pollution, and violating various laws. In response, the Mangaluru City Corporation issued several notices to the plaintiff, to which the plaintiff submitted a detailed reply.

c) Thereafter, the defendant, Mangaluru City

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