In The Court Of : CCH26 X ADDL. CITY CIVIL AND SESSIONS JUDGE
CNR Number : KABC010207112023
Case Number : O.S./0004952/2023
Date : 07-08-2023
MANJUNATH M B Versus THE COMMISSIONER BBMP
| Business | Next Purpose | Next Hearing Date | Heard on I.A.No.1. Under this IA the plaintiffs have sought for dispensation of issuance of prior notice to D1 to 4 under Section 80(2) of CPC, pleading urgency to seek the interim relief of injunction. On perusal of the records, it is revealed that the plaintiffs have filed this suit for mandatory and permanent injunction against the defendants with regard to offending construction putup by defendant Nos.5 and 6 over the suit property. Considering the emergent relief sought for under IA.NO.2, in the interest of justice the plaintiffs may be permitted to institute this suit against defendant Nos.1 to 4 authorities by dispensing with the prior issuance of notice as sought for. Hence, the following: ORDER IA.No.1 filed by the plaintiffs under Section 80(2) of CPC is hereby allowed and the prior issuance of notice to defendant Nos.1 to 4 is hereby dispensed with. X ACC & SJ, Bangalore. Heard on IA.No.2. Under this IA the applicant/ plaintiffs have sought for issue of exparte TI against the defendant Nos.5 and 6 from proceeding with the work of reconstruction / construction / alteration in the suit property pending disposal of the suit. The applicant has alleged that the schedule property is situated in a residential area wherein defendant Nos.5 and 6 are illegally putting up construction without sanctioned plan and license and putting up the said construction in the set-back area in order to run commercial business. It is alleged that the residents of the locality have got grievance for the said construction and accordingly though they have approached defendant Nos.1 to 4 authorities seeking to take action against the alleged construction, they have not taken any action and due to the said construction by defendant Nos.5 and 6 the residents of the locality are facing problems and the studies of the students would be affected. On perusal of the records, it is revealed that the grievance of the plaintiff appears to be in the nature of public interest and not individual and the cause of the plaintiffs is alleged to be in the interest of all the general public. However, it has not been made clear whether the suit is in the representative capacity. Moreover, the entire allegations against defendant Nos.5 and 6 appear to be with regard to their alleged violation and deviation of building sanctioned plan and building byelaws. It is further to be noted even as per their claim they have already approached the defendants Nos.1 to 4 authorities with their grievance. Therefore, considering the nature of the suit and the nature of the allegations made therein this court opines that there are no prima-facie grounds at this juncture to grant the Exparte order of TI unless and until the defendants are heard on the IA. Hence, the following:- ORDER Under I.A.No.II issue E/N and SS to the defendant Nos.5 and 6 and SS to defendant Nos.1 to 4. R/by 30.08.2023. | SUMMONS | 30-08-2023 |
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