IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18575 OF 2025 (GM-CPC)

BETWEEN:

1. SRI. KRISHNA P.

S/O LATE RAMASHETTY AGED ABOUT 51 YEARS R/AT NO.1, LOTUS LAYOUT BANNERGHATA ROAD RISHI PUBLIC SCHOOL ANEKAL TLAUK BENGALURU URBAN DISTRICT – 562 106 …PETITIONER (BY SRI. MANJUNATH K.S., ADVOCATE)

AND:

1. M/S LOTUS RESIDENCY WELFARE ASSOCIATION (R)

BANNERAGHATTA ROAD RISHI PUBLIC SCHOOL ANEKAL TALUK BENGAURU URBAN DISTRICT - 562 106 BY ITS SECRETARY SRI. KRISHNA C., Digitally signed by AN ASSOCIATION REGISTERED UNDER NAGAVENI THE REGISTRAR OF SOCIETIES ACT Location: VIDE REG. NO.DRB3/SOR/280/2019-20, High Court of DATED 12.09.2019)

Karnataka

2. MEMBER SECRETARY ANEKAL PLANNING AUTHORITY NO.430, ANNA BUILDING

1^ST FLOOR HENNAGARA GATE BENGALURU – 560 099 …RESPONDENTS (BY SRI. LEELADHAR H.P., ADVOCATE FOR R1 SRI. YOGESH D. NAIK, ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING FOR WRIT OF CERTIORARI DECLARING THAT THE ORDER DATED 05.06.2025 PASSED IN MA NO.22/25 ON THE FILE OF THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND JMFC AT ANEKAL (ANNEXURE-A) IS UNSUSTAINABLE BOTH ON LAW AND FACTS AND THEREFORE LIABLE TO BE SET ASIDE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question an order dated 05.06.2025, passed by the II Additional Senior Civil Judge and JMFC, Anekal, in M.A.No.22/2025, whereby, upturns the order dated 24.03.2025, passed by the Principal Civil Judge and JMFC, Anekal, on an application – I.A.No.1, filed under Section XXXIX Rules 1 and 2 r/w. Section 151 of the CPC, in O.S.No.201/2025, which had declined to grant injunction in favour of the plaintiff - respondent herein.

2. Heard Sri K.S.Manjunath, learned counsel for petitioner, Sri H.P.Leeladhar, learned counsel for respondent No.1 and Sri Yogesh D. Naik, learned counsel for respondent No.2.

3. Facts in brief, germane, are as follows:

The petitioner is the defendant, who is constructing a building in the precincts of Lotus Layout. Respondent - Lotus Residency Welfare Association (for short ‘the Association’) institutes a suit in O.S.No.201/2025, seeking the following reliefs:

“PRAYER WHERFORE, this Hon'ble court may be please to pass a judgment and decree of permanent injunction against the defendant, his agents, followers, friends, henchmen and others.

a. Direct the defendant to demolish the 3rd floor which is under construction without any permission and against to For LOTUS RESIDENTS WELFARE ASSOCIATION the guidelines of anekal planning authority.

b. For granting permanent injunction restraining the defendant, his agents, workers, successors, family members, from put up any further construction in and over the suit schedule property.

c. Pass any such orders which may this hon'ble court be deems to fit in the circumstances of the cases and award cost of the suit, in the interest of justice equity and fair play.

d. Award the costs of the suit and e. Pass such other relief or reliefs as this Honorable court deems fit and proper in the circumstances of the case and in the interest of justice.

SCHEDULE All that piece and parcel of the site bearing No.1, vide E-katha No.150200101900520736, carved out of Sy.No.20 and 21/2 measuring East to West 9.62 sq.Meter, total measuring 144.30 Sq.meter, and North to South 15 Sq.meter, (30 X 50 Sqft) situated at Telagarahalli village, comes under the Vanakanahalli Grama panchayath, Anekal Taluk, Bangalore District., and bounded on : East by: site No.2, West by: Road, North by : Road, South by: 3m Wide pathway.”

The relief sought is for a decree of permanent injunction against the defendant, the present petitioner to restrain him from further construction or to demolish the existing construction. The pleading insofar as the prayer that was sought is as follows.

“6. The plaintiff s