ORAL JUDGMENT

This appeal by the plaintiffs in O.S.No.8695/2016 is directed against the impugned order dated 30^th September, 2023 passed by the XLII Additional City Civil and Sessions Judge, Bengaluru, whereby the application I.A.No.9 filed by the respondents No.1 to 4 for rejection of plaint was allowed by the trial Court and rejected the plaint, consequently passed the impugned judgment and decree dismissing the suit filed by the appellants/ plaintiffs.

2. Heard learned counsel for the appellants and learned counsel for respondents No.1 to 4 and perused the material on record. For the order proposed, notice to respondent No.5 is dispensed with. I have also heard learned counsel Sri.B.S.Karthikeyan for respondents No.6 and 7/BBMP.

3. A perusal of the material on record will indicate that the appellants/plaintiffs instituted the aforesaid suit against the respondents/defendants seeking for following reliefs:

(a) Grant mandatory injunction and direct the Defendant No.6 and 7 to demolish the illegal building which is constructed without sanction plan, in the Schedule-“A” property;

(b) Restraining the defendants No.1 to 5, their men servants or anybody claiming under or through them from i