IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P.No.21760/2019 (LB RES) BETWEEN MOHAMMED SHARIFF AGED ABOUT 54 YEARS, S/O U.M.SEEDIYABBA, R/AT BAITHUL SAJIDA, DOOR NO. 2-49, NEAR JUMMA MASJID, KALLAPU, PERMANNUR VILLAGE, MANGALORE TALUK D.K.DISTRICT - 574 142 (BY SRI SACHIN B S, ADV.) AND ULLALA MUNICIPALITY ULLALA, MANGALORE, REPRESENTED BY ITS COMMISSIONER, ULLALA - 575 020 MANGALORE TALUK.
... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE RESPONDENT FROM FORMING KALLAPU AMBATHADI ROAD BY ENCROACHING AND DAMAGING THE SCHEDULE PROPERTY BELONGING TO THE PETITIONER ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioner.
2. After arguing the matter for sometime, learned Counsel for the petitioner would fairly submit that liberty be reserved to parties to have the claims adjudicated in the pending suit registered as O.S.No.464/2019 pending on the file of the Principal Civil Judge, Mangaluru.
3. There is no dispute that the adjudication of lis involves disputed facts. Further, the photographs at Annexure-M series would demonstrate that the respondent has already completed the construction of storm water drain on either side. That being so, it could be safely concluded that the respondent has marked out the boundary of their property. In the event, if there is any encroachment by either of the parties, the same shall be adjudicated by the competent civil court.
4. In that view of the matter, this writ petition is disposed off without adverting to the merits of the contentions raised. All contentions are left open to be urged and adjudicated by the Civil Court in the pending suit.
Costs made easy.
KK CT-HR Sd/- JUDGE