IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.44351 OF 2016 (GM-CPC) Between:
Smt. Prema Shedti, Aged about 67 years, D/o. Late Sarasu Shedti, Residing at Anitha Nivas, Kelaginamane, Shimanthoor Village, Panjinadka Post, Mangalore Taluk, D.K.District, Pin-575 001. ... Petitioner (By Sri. Jayakara Shetty.H, Advocate) And:
1. Smt. Doddu Shedti, Aged about 81 years.
2. Vinoda Shedti, Aged about 79 years.
3. Anni Shetty, Aged about 75 years.
4. Shantha Shedti, Aged about 70 years.
5. Vishwanatha Shetty, Aged about 63 years.
Respondents No.1 to 5 are children Of late Hoovayya Shetty and all are Resident of Shimanthoorbava, Shimanthoor Village, Mangalore Taluk, Dakshina Kannada, Pin-575 001 ... Respondents (By Sri. K.Chandranath Ariga, Advocate for R1; R2-R5 are served) This Writ Petition is filed under Article 227 of the Constitution of India praying to call for records from the Trial Court which ultimately resulted in passing impugned order Annexure-A dated 05.08.2016 made in M.A.No.22/2016 by the Court of Itinerate Sr. Civil Judge, Moodabidre; quash the order Annexure-A dated 05.08.2016 made in M.A.22/2015 passed by the Court of the Itinerate Sr.Civil Judge, Moodabidre allowing the appeal filed by the respondents and thereby reversing the order dated 12.01.2015 passed by the Civil Judge and JMFC, at Moodabidre in O.S.No.20/2014 vide Annexure-B and dismiss the appeal M.A.22/2015 filed by the respondents.
This Writ Petition coming on for Preliminary Hearing ‘B’ Group, this day, the Court made the following:-
ORDER The learned counsel on either side having argued the matter for some time are broadly in agreement with the suggestion of this Court that it is open to the respondents to rebuild the wall that has fallen down and further to accomplish the plastering work of that portion of the building which, allegedly he has repaired.
However, this order shall not authorize demolition or re-construction of the structure or any part there of.
In view of the above, the lis in the Writ Petition having withered away the same is disposed off leaving open all contentions of the parties.
No costs.
Sd/- JUDGE DS