IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.10780 OF 2013 (CPC) BETWEEN:
1. THE CHAIRMAN, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BHAVAN, BENGALURU – 560009, REPRESENTED BY ITS CHIEF ENGINEER (P).
2. THE EXECUTIVE ENGINEER, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, YELAHANKA SUB-DIVISION, BENGALURU, BY E.E.C.M.C-3, BWSSB, MALLESHWARAM, 16TH CROSS (C.J.F), BENGALURU – 55. …APPELLANTS (BY SRI.MONESH KUMAR K.B, ADVOCATE) AND:
SMT.BHAGYAMMA, W/O M.CHANDRU, AGED ABOUT 48 YEARS, R/AT NO.19, NEAR VENKATESHWARA SCHOOL, DEEPA FLOOR MILL, NAGASHETTYHALLI, BENGALURU – 5600094. ...RESPONDENT (BY SRI.H.V.SUBRAMANYA, ADVOCATE) ***** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 104 OF CPC AGAINST THE ORDER DATED 06.12.2013 PASSED ON I.A.NO.1 IN O.S.NO.4423/2013 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, ALLOWING THE APPLICATION FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellants is absent. No representation.
2. This appeal is filed for setting the order dated 6.12.2013 on I.A.1 filed under Order 39 Rule 1 and 2 of CPC filed by the plaintiff in O.S. No.4423/2013 passed by XVI Additional City Civil and Sessions Judge, Bengaluru (CCH 12).
3. The facts leading to this appeal are that the respondent had filed a suit against the appellants restraining the appellants from digging any portion of the schedule property to lay any BWSSB pipeline, sewerage line. The respondent has filed an application seeking temporary injunction.
4. On hearing both the parties the interim order was passed restraining the defendants - appellants from digging any portion of the schedule property as prayed for by the plaintiff respondent. Being aggrieved by the said order the present appeal is preferred.
5. As could be seen from the records the defendants appellants were granted liberty to lay the pipeline through Raja Kaluve without touching the suit schedule property. The counsel for the appellants has filed compliance affidavit of Sri Ladlesab Nalatawad, Assistant Executive Engineer of the appellant Board stating that in view of the interim order of this Hon’ble Court, they have executed the laying of the Sanitary Lines at 169/1 Kodigehalli village through the Rajakaluve as per the permission granted by the Revenue Authority. It is also stated that while laying the Sanitary Line, no damage has been caused to the Suit Schedule property in any manner and the respondent is well aware of the same and the work is also completed and hence they have filed the affidavit to place the same on record.
6. The counsel for the respondent submitted that appellants namely, BWSSB has already laid water and sewerage pipeline adjacent to the property of the plaintiff - respondent. Thus, the present appeal does not survive for consideration.
7. In view of completion of the work by BWSSB there are no valid grounds to admit the appeal. Accordingly, the appeal is dismissed.
Registry is directed to return the LCR.
Sd/- JUDGE ykl