IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.30162 OF 2019 (GM-CPC) BETWEEN:
SRI M.DURAI KANNAN S/O.LATE M.MUNIYAN AGED ABOUT 72 YEARS R/AT NO.4, 2ND ‘D’ MAIN ROAD GOVINDARAJ LAYOUT HOYSALA STREET OPP. TO SUDHA SAGAR HOTEL BENGLAURU-560 016 … PETITIONER (BY SRI RAHUL S. REDDY, ADVOCATE) AND:
1. SRI G.JAYARAJ S/O.LATE M.GOVINDARAJU AGED ABOUT 62 YEARS R/AT NO.9, 1ST MAIN, 1ST STAGE GOWTHAMAPURAM, ULSOOR BENGALURU-560 016 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK EAST BENGALURU-560 051 3. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION BUILDING HUDSON CHURCH BENGALURU-560 002 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 27.05.2019 (ANNEXURE-A) PASSED BY LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU IN OS.NO.25492/2014 ON IA FILED UNDER ORDER 26 RULE 9 OF CPC AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The appointment of the Commissioner in a suit for a decree of mandatory injunction is permissible subject to all just exceptions into which, case of the petitioner does not fit, and therefore, the impugned order cannot be faltered, especially in the absence of proof of any prejudice.
Accordingly, the writ petition is rejected in limine.
Sd/- JUDGE KTY