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2024 Supreme(Online)(Kar) 38209

KARNATAKA HIGH COURT
MR JUSTICE SURAJ GOVINDARAJ, J
ST JOHNS MEDICAL COLLEGE & HOSPITAL – Appellant
Versus
THE COMMISSIONER – Respondent


Advocates:
SRI:DESHRAJ., ADVOCATE; SRI. N.R. JAGADEESHWARA., ADVOCATE FOR SMT. SUMANGALA GACHCHINAMATH., ADVOCATE FOR R2; SRI. K.N. PHANINDRA., SR. ADVOCATE FOR SRI. KALYAN.R., ADVOCATE FOR R3

CAV ORDER

1. The Petitioner is before this court seeking for the following reliefs:

i. Set aside the impugned order impugned order passed by the learned XLI Additional City Civil Judge at Bangalore (CCH-42) in O.S.No.7172/2006, dated 18.06.2018 on IA.No.Nil filed under Order VII Rule 11(d) Section 9 Read with 151 of CPC by allowing the application filed by the Petitioner herein/Defendant No.3 therein, IA No.Nil filed under Order VII Rule 11(d) Section 9 Read with 151 of CPC.

ii. Pass such other orders, relief which this Hon’ble Court deems fit under the facts and circumstances of the case.

2. The Petitioner is Defendant No. 3, in the suit in O.S.No.7172/2006 filed by RespondentNo.3 herein.

The said suit was filed for the following reliefs:

a) Directing the Defendant No.3 to demolish/pull down illegal construction putup over the suit schedule property delineated in the letters ‘ABCD’ in the sketch enclosed to the plaint, by way of Mandatory injunction, failing which this Hon’ble Court may be pleased to demolish the same through the process of this Hon’ble Court at the cost of the plaintiff;

b) For permanent injunction restraining the defendants their agents, servants or anybody action

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